Sinohydro Corporation Limited v Mgandi (Appeal E128 of 2025) [2025] KEELRC 3546 (KLR) (11 December 2025) (Judgment)

Summary at a glance

Facts

The respondent, Ramadan Dzimba Mgandi, was employed by the appellant, Sinohydro Corporation Limited, as a Health and Safety Officer. He was subjected to a disciplinary hearing on 26 February 2024, which was rejected. The respondent claimed unfair termination of his employment and sought terminal dues.

Issues

• Whether the appellant failed to comply with the provisions of section 41 of the Employment Act
• Whether the learned magistrate erred in allowing the respondent's claim on grounds of bringing a witness to the disciplinary hearing

Reasoning

The court held that the respondent was invited to bring a witness to the disciplinary hearing, which is in line with section 41 of the Employment Act. The notice of 23 January 2024 was not in tandem with the Act, and the respondent was thus entitled to his certificate of service upon termination of employment.

Outcome

Appeal allowed with costs

Orders

• Judgment in Mariakani CMELRC No. E004 of 2024 is set aside

Remedies

• Certificate of service upon termination of employment

Authorities cited