Kosgey v B. M Security (Cause E175 of 2023) [2026] KEELRC 302 (KLR) (5 February 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 302
- Citation
- [2026] KEELRC 302 (KLR)
- Decided
- 5 February 2026
Summary at a glance
TypeEmployment DisputePostureAppeal from a decision of the Employment and Labour Relations CourtCoramONESMUS MAKAU
The Claimant's employment was not unfairly terminated, and she is not entitled to the reliefs sought due to the settlement agreement signed on 8th August 2022.
Facts
The Claimant, Rose Kosgey, was employed by Respondent, B. M Security, as an Assistant Zonal Manager. She was transferred to Eldoret in 2013 and later requested for early retirement in 2022. She signed a clearance certificate acknowledging the payment of her terminal dues.
Issues
- Whether the Claimant's employment was unfairly terminated
- Whether the Claimant is entitled to the relief sought
Reasoning
The court found that the Claimant voluntarily requested for early retirement and signed a clearance certificate waiving further claims. The court held that the execution of the clearance certificate constituted a binding contract and gave rise to an estoppel.
Outcome
The suit is dismissed with costs to the Respondent.
Authorities cited
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