Angweny v Elite Power Craft Limited (Appeal E138 of 2025) [2026] KEELRC 277 (KLR) (30 January 2026) (Judgment)

Summary at a glance

Facts

The Appellant, Kevin Nyambane Angweny, was employed as a Technician by the Respondent, Elite Power Craft Limited. The Appellant alleged he was unfairly terminated on 12th October, 2023, while the Respondent claimed he absconded duties due to theft charges.

Issues

• Whether the trial court erred by finding that the Appellant did not discharge his burden of proof that he was unfairly terminated.
• Whether the trial court erred by not awarding the Appellant his reliefs sought.

Reasoning

The court held that the Appellant had the burden to prove unfair termination occurred before the Respondent could justify the grounds of termination. The evidence did not support the Respondent's claim of disciplinary action and theft.

Outcome

The appeal was allowed with costs, and the trial court's judgment was set aside.

Orders

• The appeal was allowed with costs.
• The trial court's judgment was set aside.

Remedies

• The Appellant's reliefs were awarded.

Authorities cited