Nyakweba v Directline Assurance Company Limited (Cause 297 of 2019) [2025] KEELRC 2981 (KLR) (22 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2981
- Citation
- [2025] KEELRC 2981 (KLR)
- Decided
- 22 October 2025
I find a case of wrongful, unfair and unlawful termination of the Claimant’s employment by the Respondent.
Facts
Claimant was employed by Respondent as a Claims Officer on permanent and pensionable terms. She was promoted to Deputy Claims Officer and later to Claims Manager. On 23rd December, 2015, the Respondent expressed desire to renew the contract. The contract expired on 3rd June, 2016, but the claimant was issued with a letter confirming her new status and employment on 1st February, 2016. On 9th May, 2016, the Human Resource Manager informed the claimant that her contract was terminated due to operational requirements and anticipated changes in the organization.
Issues
- Whether the termination of employment was wrongful, unfair and unlawful.
- Whether the claimant is entitled to the relief sought.
Reasoning
The claimant’s case is supported by the Employment Act, 2007, and the claimant failed to demonstrate adherence to section 40 of the Employment Act, 2007, which forms the bedrock of the essentials for a fair and procedural case of redundancy.
Outcome
The claim is allowed.
Orders
- Twelve (12) months salary as compensation for unlawful termination of employment.
- Interest at court rates from the date of this judgment of court till payment in full.
- The costs of this cause shall be borne by the Respondent.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Walter Ogal Anuro vs Teachers Service Commission (2013) eKLR
- VMK VS CUEA (2013) eKLR
Loading judgment…