Winstar Okwara Guards Limited v Emungor (Employment and Labour Relations Appeal E038 of 2025) [2026] KEELRC 741 (KLR) (13 March 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 741
- Citation
- [2026] KEELRC 741 (KLR)
- Decided
- 13 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a Senior Principle Magistrate's JudgmentCoramAN MWAURE
Holding
The appeal is upheld, and the trial court's judgment is set aside. The termination was found to be wrongful, and the compensation awarded is reduced.
Facts
Winstar Okwara Guards Limited terminated Francis Okwara Emungor as a guard on May 6, 2020, by sending him on unpaid leave. Emungor claims wrongful termination, while the company claims he deserted.
Issues
- Whether the termination was wrongful or redundancy
- Whether the trial court erred in law and fact in awarding compensation
Reasoning
The court found that the termination was wrongful and that the trial court erred in law and fact by awarding compensation. The burden of proof for wrongful termination rests with the employer.
Outcome
Appeal successful
Orders
- The judgment and order of the trial court are set aside
- The compensation awarded is reduced
Remedies
- Reduction in compensation
Authorities cited
Legislation (2)
- Employment Act
- Evidence Act
Cases cited (2)
- Isindu v Lavington Security Guards Ltd
- Selle v Associated Motor Boat Co Ltd
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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