Churchil Winstones Ochieng v I & M Bank Limited (Cause E866 of 2023) [2025] KEELRC 3338 (KLR) (27 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3338
- Citation
- [2025] KEELRC 3338 (KLR)
- Decided
- 27 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureRespondent's appeal from a decision on the meritsCoramCN BAARI
Holding
The Claimant was on probation at the time of termination and the termination was procedurally unfair.
Facts
Claimant was employed by Respondent on August 15, 2022, with a six-month probation period ending on February 14, 2023. The probation was extended by another six months, making the total probation period until August 6, 2023. The employment was terminated on August 14, 2023.
Issues
- Whether the Claimant was on probation at the time of termination.
- Whether the termination was lawful and procedurally fair.
- Whether discrimination or violation of constitutional rights occurred.
- Whether the Claimant is entitled to the remedies sought.
Reasoning
The court found that the probation period was validly extended and the Claimant was still on probation when terminated. The termination was procedurally unfair as the Claimant was not given a fair opportunity to respond to the show cause letter.
Outcome
The appeal was dismissed.
Authorities cited
Legislation (1)
- Employment Act, 2007
Cases cited (2)
- Aga Khan Hospital Kisumu v. Erick Wanjohi (2020) eKLR
- Monica Munira Kibuchi and 6 Others V Mount Kenya University and Another (Petition No. 94 of 2016)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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