Ambula v Inkomoko Limited (Formerly known as African Entrepreneur Kenya Ltd) (Cause E1037 of 2023) [2026] KEELRC 39 (KLR) (22 January 2026) (Judgment)

Facts

The Claimant, Nebert Kangwana Ambula, was employed as an Investment Officer by Inkomoko Limited (formerly known as African Entrepreneur Kenya Ltd) on or around June 9, 2021. The employment contract was initially for one year with a 3-month probation period. The Respondent informed the Claimant on September 21, 2021, that it would not renew the contract, ending the probation period. The Claimant sued for unfair termination of employment.

Issues

1. Procedural Fairness
2. Substantive Fairness

Reasoning

The Court held that the Respondent did not provide the Claimant with the necessary procedural fairness, including a show cause notice and an opportunity to make representations. The substantive fairness was also lacking as the Respondent failed to consider the justice and equity of the prevailing circumstances.

Outcome

The Court found that the Respondent unfairly terminated the Claimant's contract and awarded compensation, pay in lieu of notice, annual leave, and pay for September 2021.

Authorities cited