Mwai v Masai Kenya Limited (Cause E236 of 2022) [2025] KEELRC 3447 (KLR) (19 November 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3447
- Citation
- [2025] KEELRC 3447 (KLR)
- Decided
- 19 November 2025
Summary at a glance
TypeEmployment DisputePostureClaimant's case denied; Claimant seeks declaration of wrongful dismissal and compensationCoramDKN MARETE
The termination was wrongful, unfair and unlawful, and the claimant is entitled to relief
Facts
Claimant worked as a driver for Respondent from January 2020 to September 2021. He was falsely accused of overloading the vehicle and summarily dismissed without notice or opportunity to defend.
Issues
- Whether the termination of employment was wrongful, unfair and unlawful
- Whether the claimant is entitled to the relief sought
Reasoning
Claimant's case supported by Employment Act, 2007, and case law. Respondent's case of desertion unsupported. Claimant entitled to one month's salary in lieu of notice, ten months' compensation for unlawful termination, and unpaid salary for 20 days.
Outcome
Claimant's case upheld; relief granted
Orders
- One (1) months salary in lieu of notice
- Ten (10) salary as compensation for unlawful termination of employment
- Unpaid salary for twenty (20) days in September, 2020
- Sacco deposits pursued separately
- Costs of the suit to be borne by the Respondent
- Interest of court rates from the date of this judgment of court till payment in full
Remedies
- Declaration of wrongful dismissal
- Compensation for unlawful termination
- Unpaid salary for 20 days
Authorities cited
⚠ 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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