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Sheer Logic Management Consultants Limited v Mwagombero (Appeal E001 of 2025) [2025] KEELRC 3600 (KLR) (11 December 2025) (Judgment)

[2025] KEELRC 3600 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3600
Citation
[2025] KEELRC 3600 (KLR)
Decided
11 December 2025
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppeal from a judgment in Mombasa CMELRC No. E246 of 2023CoramM MBARŨ, J
The appeal is partially successful. The employment is found to be unfairly terminated, and the respondent is awarded the remainder of the term contract at Ksh. 495,000.

Facts

The respondent claimed unfair termination of employment due to the appellant's retirement notice, which he claimed was not valid. The respondent also claimed compensation for notice pay, salary for the unspent contract, and 12 months' compensation.

Issues

  • Validity of the retirement notice
  • Compensation for the remainder of the term contract
  • Award of costs and interests

Reasoning

The court found the retirement notice to be unlawful and premature, leading to unfair termination. The court also awarded the remainder of the term contract but not the 12 months' compensation or costs.

Outcome

Partially successful appeal

Orders

  • Judgment in Mombasa CMELRC No. E246 of 2023 is reviewed

Remedies

  • Remainder of the term contract at Ksh. 495,000
  • Certificate of service
  • Each party to pay its costs

Authorities cited

Legislation (2)
  • Employment Act
  • Employment and Labour Relations Court Act
Cases cited (6)
  • Todor Services Limited v Deri
  • Machungo v Stanbic Bank Kenya Limited
  • Moses Kamau & 6 others v Signature Holdings (E A) Ltd
  • Ali v National Health Insurance Fund & 2 others
  • Ongori v G4S Kenya Limited
  • Kinyeki & 88 others v Kenya Ports Authority & another
⚠ 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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