Kihara v Ekaterra Tea Kenya Plc (Cause E007 of 2024) [2025] KEELRC 2537 (KLR) (26 September 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2537
- Citation
- [2025] KEELRC 2537 (KLR)
- Decided
- 26 September 2025
The Court declines the Claimant's claim for constructive dismissal and damages, but grants the Respondent's counterclaim for Kshs. 624,926 and interest on the counterclaim.
Facts
The Claimant was employed as a Manufacturing Manager by the Respondent. He was confirmed as Plant Manager at the Mabroukie factory in Limuru. He worked for 3 years before being constructively dismissed. Despite his exemplary performance, he was placed on a Performance Improvement Plan (PIP) and later received a notice of poor performance.
Issues
- Constructive dismissal
- Unfair dismissal
- Discrimination in PIP placement
- Procedural irregularities in PIP
Reasoning
The Court found that the Claimant's resignation was abrupt and he did not provide notice as per the contract. The PIP was found to be procedurally irregular and the Claimant's performance was not unattainable.
Outcome
The Claimant's claim for constructive dismissal and damages is declined, and the Respondent's counterclaim is granted.
Orders
- Granting the Respondent's counterclaim for Kshs. 624,926 and interest on the counterclaim
Remedies
- Interest on the counterclaim granted at court rate from the date of judgment till payment is made in full
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