Wachira v Commercial International Bank Kenya Ltd (Employment and Labour Relations Petition E204 of 2024) [2026] KEELRC 654 (KLR) (4 March 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 654
- Citation
- [2026] KEELRC 654 (KLR)
- Decided
- 4 March 2026
Summary at a glance
TypeEmployment and Labour Relations PetitionPosturePetition for Constructive Termination and Breach of Constitutional RightsCoramHS WASILWA
The employment of the petitioner was constructively terminated following concerted illegal action by the respondent. The petitioner's rights under the constitution were breached.
Facts
Petitioner Rosemary Nyambura Wachira was employed by Respondent Commercial International Bank Kenya Ltd as a Senior Branch Manager. She was placed on a probationary period and later demoted and had her salary reduced. She resigned due to the perceived unfair treatment.
Issues
- Whether the resignation was a constructive termination
- Whether the petitioner's rights under the constitution were breached
- What remedies the petitioner is entitled to
Reasoning
The court found that the respondent's actions, including the extension of the probation period, demotion, and reduction in salary, were illegal and unfair. These actions, along with the subsequent constructive termination, violated the petitioner's rights under the constitution.
Outcome
The petitioner is awarded compensation for unfair termination and damages for the financial strain caused by the respondent's actions.
Remedies
- Compensation for unfair termination
- Damages for financial strain
Authorities cited
⚠ 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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