Odipo v Absa Bank Kenya (Cause E938 of 2021) [2025] KEELRC 3003 (KLR) (29 October 2025) (Judgment)

Summary at a glance

Facts

Claimant Patrick Odipo was terminated by Absa Bank Kenya on April 17, 2021, for alleged fraudulent transactions involving a customer account. The claimant denied the allegations and provided evidence of his involvement in the customer's account setup.

Issues

• Whether there were valid reasons for the claimant's termination
• Whether the claimant was subjected to due process before termination
• Whether the claimant's counterclaim is valid
• Whether the claimant is entitled to the remedies sought

Reasoning

The court determined that the reasons provided for the termination were not valid and that the claimant was not given a fair chance to respond to the allegations. The court also found that the claimant's counterclaim was not proved.

Outcome

Claimant's appeal upheld, termination found to be unjustified

Orders

• Termination of claimant's employment found to be unjustified
• Claimant awarded severance pay, bonus, salary in lieu of notice, loss of earnings, damages, and medical cover

Remedies

• Severance pay
• Bonus
• Salary in lieu of notice
• Loss of earnings
• Damages
• Medical cover

Authorities cited