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Munguti v General Plastics Limited (Under Administration) & another (Cause E067 of 2023) [2025] KEELRC 2866 (KLR) (22 October 2025) (Judgment)

[2025] KEELRC 2866 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
2866
Citation
[2025] KEELRC 2866 (KLR)
Decided
22 October 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeUnfair and unlawful termination of employmentPostureClaimant's case not defendedCoramDKN MARETE
Holding

The termination of the employment of the claimant was wrongful, unfair and unlawful

Facts

Claimant was employed by General Plastics Limited as a Quality Controller. He was terminated on grounds of cutting costs due to receivership. He was served with a notice to show cause for poor performance, which he denied. He was later sacked without a hearing.

Issues

  1. Unfair and unlawful termination of employment
  2. Procedural fairness in termination

Reasoning

The termination was unlawful and unprocedural, violating constitutional and legal provisions on fair labour practices. The claimant was targeted for his role as a Sacco official.

Outcome

Claimant wins and is entitled to terminal dues, compensation, and severance pay

Orders

  • A declaration of wrongful, unfair and unlawful termination
  • Terminal dues and compensation for unlawful termination
  • One month's salary in lieu of notice
  • Salary for June, 2021
  • Severance pay
  • Eight months compensation for unlawful termination
  • Certification of service
  • Interest on costs

Remedies

  • Declaration of wrongful termination
  • Terminal dues and compensation
  • Notice salary
  • Salary for June, 2021
  • Severance pay
  • Compensation for unlawful termination
  • Certification of service
  • Interest on costs

Authorities cited

Legislation (2)
  • Employment Act, 2007
  • Section 40 and 45 of the Employment Act, 2007
Cases cited (3)
  • Walter Ogal Anuro -v- Teachers Service Commission
  • Gideon Mwangi Kabaru v Craft Silicom Limited
  • Gilber Mariera Makori v Equity Bank Limited
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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