Ngethe v Ministry of Interior & Co-ordination of National Government & 2 others (Employment and Labour Relations Appeal E031 of 2024) [2025] KEELRC 3723 (KLR) (19 November 2025) (Judgment)

Facts

The Appellant, Moses Njuki Ngethe, was unlawfully terminated from his employment with the Ministry of Interior and Co-ordination of National Government. The Appellant sought reinstatement, compensation, and service gratuity.

Issues

1. Whether the learned magistrate erred in law and fact by not substituting the order of reinstatement with one of re-engagement.
2. Whether the hearing set the matter de novo and erased the issue of time bar.
3. Whether the award of six months compensation as compensation for unlawful termination of employment was in the circumstances manifestly low and requires enhancement.
4. Whether the award of twelve months salary as compensation for unlawful termination of employment is due and warranted.
5. Whether the trial court erred in not awarding service gratuity to the claimant.

Reasoning

The court found that the trial court did not err in substituting the order of reinstatement with that of re-engagement, as the matter was de novo and the issue of time bar did not arise. The award of six months compensation was considered appropriate, and the Appellant was not entitled to service gratuity.

Outcome

Appeal dismissed

Authorities cited