Nzwili v Zheng Hong Limited (Appeal E105 of 2024) [2025] KEELRC 2451 (KLR) (17 September 2025) (Judgment)

Summary at a glance

Facts

The respondent terminated the appellant's employment on the grounds that KRA had shut down the respondent's operations, but no reasons for the shutdown were provided. The appellant claimed unfair termination and sought compensation.

Issues

• Whether the trial court erred in finding that the respondent had valid reasons for terminating the appellant's employment.
• Whether the termination was fair under section 45 of the Employment Act.

Reasoning

The court found that the termination was a redundancy and that the respondent did not follow the procedure required by section 40 of the Act. The court also rejected the appellant's claims for public holidays pay and leave days.

Outcome

Appeal allowed

Orders

• One month's notice in lieu of pay
• 15 days' salary for each year of service
• 4 months' salary as compensation for unfair termination
• Costs of the appeal

Authorities cited