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Malei v Urysia Limited (Appeal E073 of 2024) [2025] KEELRC 3131 (KLR) (22 October 2025) (Judgment)

[2025] KEELRC 3131 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3131
Citation
[2025] KEELRC 3131 (KLR)
Decided
22 October 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppeal from a judgment dismissing the Appellant's claim of unlawful termination and constructive dismissalCoramDKN MARETE
The court dismisses the appeal and orders that each party bears their costs.

Facts

The Appellant was employed as a Senior Technical Advisor by the Respondent from February 2016. The onset of the COVID-19 pandemic in early 2020 necessitated a review of the Respondent's business operations, leading to unpaid leave and salary reviews for an indefinite period.

Issues

  • Whether the Appellant was unlawfully terminated or constructively dismissed from employment.
  • Whether the Appellant was entitled to the reliefs sought in the Memorandum of Claim.

Reasoning

The court finds that the circumstances did not amount to a case of constructive dismissal or unlawful termination. The Respondent's actions were deemed necessary and well thought out in response to the pandemic.

Outcome

Appeal dismissed

Orders

  • Each party bears their costs

Authorities cited

Cases cited (9)
  • Black's Law Dictionary
  • Kenya Union of Sugarcane Plantation and Allied Workers v Othira
  • Western Excavating (ECC) Ltd v. Sharp
  • Coca Cola East & Central Africa Limited v Maria Kagai Ligaga
  • Justina Mutitu Nyaga –V Kenya Civil Aviation Authority
  • Emmanuel Wambua Muthusi & 6 others v Khoja Shia Ithna Ashari Education Board
  • Joseph Wanjohi Wambugu v Paws Africa Safaris Limited
  • Milton M Isanya v Aga Khan Hospital Kisumu
  • Imranali Chandbhai Abdulhussein –vs- Bamburi Portland Cement Company Ltd
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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