Wachira v Usafi Services Limited (Cause E008 of 2024) [2025] KEELRC 405 (KLR) (14 February 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 405
- Citation
- [2025] KEELRC 405 (KLR)
- Decided
- 14 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEmployment DisputePostureAppeal from an original trialCoramSC RUTTO
Holding
The Court finds that the termination was procedurally fair and substantively justifiable due to the financial constraints caused by the pandemic.
Facts
The Claimant, Kennedy Wachira, was employed by Respondent, Usafi Services Limited, as a Senior Accountant from January 5, 2015, until June 21, 2021. The Respondent terminated his employment on July 1, 2021, citing financial constraints due to the COVID-19 pandemic.
Issues
- Whether termination of the Claimant's employment was unfair and unlawful
- Whether the Claimant is entitled to the reliefs sought
Reasoning
The Court held that the termination was procedurally fair and substantively justifiable due to the financial constraints caused by the pandemic. The Claimant was not given proper notice and severance pay as required by law.
Outcome
The Claimant is awarded severance pay of Kshs 312,000 for six years of service.
Orders
- Award of severance pay of Kshs 312,000 for six years of service
Remedies
- Interest on the amount in court rates from the date of judgment until payment in full
- Claimant shall have the costs of the suit
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
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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