Githinji v Topcare Lands Investment Limited (Cause E844 of 2022) [2025] KEELRC 2295 (KLR) (31 July 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2295
- Citation
- [2025] KEELRC 2295 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeEmployment DisputePostureAppeal from the original trialCoramNDOLO
There was an employment relationship between the parties, and the Claimant has proved a case of unlawful termination of employment.
Facts
The Claimant, Lydia Githinji, was employed by the Respondent, Topcare Lands Investment Limited, as a General Manager on January 3, 2022, earning Kshs. 200,000 per month. She was suspended indefinitely without pay and without cause on February 6, 2022. The Claimant claimed unlawful termination and sought compensation.
Issues
- Whether there was an employment relationship between the parties
- Whether the Claimant has proved a case of unlawful termination of employment
- Whether the Claimant is entitled to the remedies sought
Reasoning
The Claimant was paid a salary of Kshs. 200,000 for January 2022, and the Respondent did not provide evidence that this was for a probationary appointment. The Respondent did not subject the Claimant to a performance review or capability hearing.
Outcome
The Claimant was awarded three (3) months' salary in compensation.
Remedies
- Compensation for three (3) months' salary
Authorities cited
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