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Muthor v Mini Bakeries (Nairobi) Limited (Appeal E009 of 2025) [2026] KEELRC 173 (KLR) (29 January 2026) (Judgment)

[2026] KEELRC 173 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
173
Citation
[2026] KEELRC 173 (KLR)
Decided
29 January 2026
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 of the Employment and Labour Relations CourtCoramKLR Maureen Onyango, KLR Ndolo
The appeal is dismissed. The trial court’s decision is upheld. The appellant’s claim for underpayment is dismissed. The trial court’s award of 3 months gross salary compensation, severance pay, long service award, service pay, costs of the suit, and interest is upheld.

Facts

The appellant, Charles Oluoch Muthor, was employed as a Painter by the respondent, Mini Bakeries (Nairobi) Limited, from March 2012 to September 6, 2021. The employment was terminated by Mr. Dickson Otieno Ndege by word of mouth. The appellant claimed underpayment, leave travelling allowance, transfer disturbance allowance, provident scheme contribution, soap, milk per day, terminal benefits, notice pay compensation, certificate of service, costs of the claim, and interest.

Issues

  • Whether the termination of employment was unfair
  • Whether the appellant was underpaid

Reasoning

The court found that the appellant’s witness statement lacked relevant particulars and no credible evidence of the employment relationship existed before 2018. The termination was deemed fair as the employer provided a valid reason and followed fair procedure.

Outcome

Appeal dismissed

Authorities cited

Legislation (1)
  • Employment Act
Cases cited (6)
  • Selle and another V Associated Motor Boat Co. Ltd & Others
  • Gitobu Imanyara & 2 others V Attorney General
  • CMC Aviation Ltd V Crusair
  • Karugi & another V Kabiya & 3 others
  • James Muniu Mucheru V National Bank of Kenya Ltd
  • Walter Ogal Anuro V Teachers Service Commission
⚠ 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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