Munga v Ruby Hardware Ltd (Employment and Labour Relations Appeal E044 of 2024) [2025] KEELRC 3313 (KLR) (21 November 2025) (Judgment)

Facts

Sammy Wachira Munga was employed as a driver by Ruby Hardware Ltd. He was dismissed in May 2020 without a disciplinary hearing or formal charges, despite theft allegations. The dismissal was based on two cause letters and disciplinary hearing minutes.

Issues

1. Whether the learned trial magistrate erred in law and fact in finding that Munga had not proved on a balance of probabilities his entitlement for notice pay, compensation for unlawful termination, normal overtime dues, overtime duties, underpayment, public holidays, and salary for 9 days for March 2020.
2. Whether the learned trial magistrate erred in law and fact in declining to award Munga costs of the suit.
3. Whether the learned trial magistrate's judgment was unreasonable and against the weight of evidence.

Reasoning

The court re-evaluated the evidence and found that the dismissal was fair and based on credible evidence of criminal misconduct. The trial court's decision was not against the weight of evidence.

Outcome

Appeal dismissed

Authorities cited