Hakika Transport Services Limited v Musango (Appeal E059 of 2025) [2025] KEELRC 2536 (KLR) (25 September 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2536
- Citation
- [2025] KEELRC 2536 (KLR)
- Decided
- 25 September 2025
Summary at a glance
TypeAppealPostureAppeal from the judgment of Hon. J. B. KaloCoramHon. M MBARŨ
The appeal is set aside, and the trial court's judgment is affirmed.
Facts
The respondent claimed he was employed as a driver by the appellant from April 2015, with a wage of Ksh. 14,943 per month. The wage increased to Ksh. 710 by January 2023. The respondent was dismissed through summary dismissal on 10 March 2023, citing underperformance and fuel shortage.
Issues
- Whether the termination of employment was fair and justifiable
- Whether the respondent was entitled to various forms of compensation
Reasoning
The court found that the termination was not fair and justifiable due to the lack of substantiated allegations and the absence of due process.
Outcome
Set aside
Orders
- Affirm the trial court's judgment
Remedies
- Notice pay Ksh.27,710
- House allowance for 84 months (May 2015 to February 2023) Ksh.272,000
- Overtime pay for 4 hours per day Ksh. 163,820
- Unpaid leave days for 7 years Ksh. 193,970
- Unpaid public holidays for 7 years Ksh. 45,259.60
- Refund of unremitted NSSF deductions for 30 months Ksh.6,000
- Severance pay for 7 years Ksh.96,985
- 12 months' compensation Ksh.332,520
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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