Export Consolidated Services Kenya Limited v Gitau (Appeal E162 of 2025) [2025] KEELRC 3689 (KLR) (18 December 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 3689
- Citation
- [2025] KEELRC 3689 (KLR)
- Decided
- 18 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the judgment of Hon. J.B. KaloCoramM MBARŨ, J
Holding
The appeal is dismissed with costs. The respondent's claim for compensation and notice pay is not justifiable.
Facts
The appellant declared redundancy and issued a general notice to all employees, including the respondent. The respondent was not paid his terminal dues from October 2013 until December 2021.
Issues
- Whether the appellant adhered to the procedures under section 40 of the Act in terminating the respondent's employment.
- Whether the respondent's claim for compensation and notice pay is justifiable.
Reasoning
The court found that the appellant did not adhere to the procedures under section 40 of the Act in terminating the respondent's employment. The respondent's claim for compensation and notice pay is not justifiable.
Outcome
Appeal dismissed with costs
Orders
- The appeal is dismissed with costs.
Authorities cited
Legislation (2)
- Employment and Labour Relations Act
- Employment Act
Cases cited (3)
- Kenya Airways Ltd v Aviation & Allied Workers Union Kenya & 3 others
- Cargill Kenya Limited v Mwaka & 3 others
- Daniel Mburu Muriu v Hydrtech East Africa Limited
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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