Board of Management, Isovya Secondary School v Salia (Appeal E016 of 2024) [2025] KEELRC 345 (KLR) (13 February 2025) (Judgment)

Summary at a glance

Facts

The respondent, Joshua Mboya Salia, was employed as a Cook by the appellant, Board of Management, Isovya Secondary School from 2011 to 2022. The respondent was terminated without just cause and reasonable notice, and the appellant refused to pay the balance salary for May 2022 and other benefits. The respondent admitted to theft and absconding duty.

Issues

• Whether the termination was fair and just
• Whether the respondent was entitled to damages for unfair termination
• Whether the respondent was entitled to compensation for accrued leave and public holidays
• Whether the respondent was entitled to damages for overtime
• Whether the respondent was entitled to a certificate of service

Reasoning

The court found that the termination was fair and just due to gross misconduct and theft, and the respondent admitted to these acts. The court also found that the respondent was not entitled to damages for unfair termination, accrued leave, public holidays, or overtime.

Outcome

Appeal allowed

Orders

• Judgment and decree given herein by the trial court on 06.09.2024 is hereby set aside
• Each party to bear own costs of the appeal and suit in the trial court
• The Deputy Registrar to return the case file to the Machakos Registry forthwith within three days from today