Sabwa v Fargo Courier Limited (Cause 488 of 2018) [2025] KEELRC 302 (KLR) (30 January 2025) (Judgment)

Summary at a glance

Facts

The Claimant, Fred Chunguli Sabwa, was employed by the Respondent, Fargo Courier Limited, as a Logistics and Warehousing Manager from August 1, 2017. The Claimant was terminated on January 23, 2018, and signed a discharge certificate. He subsequently filed a lawsuit seeking compensation for unfair termination.

Issues

• Whether the execution of the discharge certificate barred the Claimant from instituting an employment claim against the Respondent.
• Whether the Claimant's employment was unfairly terminated.
• Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court analyzed the discharge certificate and found that it did not absolve the Respondent of all liability, as the wording was ambiguous and could be interpreted differently.

Outcome

The Court found in favor of the Claimant, holding that the termination was unfair and ordered compensation.

Orders

• Compensation in the sum of Kshs. 7,200,000.00 for unfair and wrongful termination.
• Kshs. 600,000.00 in lieu of notice.
• Interest on the above until payment in full.

Authorities cited