Kimuyu v Unik Driving School (Appeal E258 of 2024) [2025] KEELRC 2993 (KLR) (30 October 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2993
- Citation
- [2025] KEELRC 2993 (KLR)
- Decided
- 30 October 2025
The appeal is upheld, and the trial court judgment is set aside. The appellant is entitled to notice pay, severance pay, and compensation for the outstanding house allowances for 9 years.
Facts
The appellant, Musomba Kimuyu, was employed by the respondent, Unik Driving School, as an instructor from January 2015 until 17 March 2023. He claimed that he was verbally terminated without due process, and sought compensation for notice pay, severance pay, house allowances, and damages for unfair termination.
Issues
- Whether the trial court erred in finding that the appellant had not proved his case and that there was a verbal termination of his employment.
- Whether the trial court erred in not considering the notice of termination of employment.
- Whether the trial court erred in not awarding compensation for the appellant's unfair termination.
- Whether the trial court erred in not addressing the outstanding house allowances for 9 years.
Reasoning
The court found that the appellant was not properly notified of his termination and that the trial court erred in not considering the notice of termination. The court also found that the appellant's poor work record did not justify an award of compensation.
Outcome
Appeal upheld
Orders
- Notice pay, severance pay, and compensation for the outstanding house allowances for 9 years are awarded to the appellant.
Authorities cited
Legislation (3)
- Employment Act
- Section 18(5) (b) of the Employment Act
- Section 45(5) of the Employment Act
Cases cited (5)
- Odero v Guardian Coaches Limited
- James Okeyo v Maskant Flower Limited
- Ayub Kombe Ziro v Umoja Rubber Products Limited
- Broadways Logistics Limited v Abdulkadir
- Lilian W. Mbogo-Omollo v Cabinet Secretary Ministry of Public Service & Gender
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