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Ogwaro v SGA Guarding Limited (Cause E871 of 2022) [2026] KEELRC 782 (KLR) (18 March 2026) (Judgment)

[2026] KEELRC 782 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
782
Citation
[2026] KEELRC 782 (KLR)
Decided
18 March 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEmployment and Labour RelationsPostureClaimant's appeal from the respondent's responseCoramNelson Agono Ogwaro, Eric Ndeveni
Holding

The claimant's resignation was not due to personal reasons, and the respondent did not lose money due to the claimant's actions.

Facts

The claimant, Nelson Agono Ogwaro, was employed by SGA Guarding Limited from 1996 to 2021. He resigned as General Manager Guarding due to personal reasons. The respondent failed to pay his terminal benefits and gratuity, totaling Kshs. 4,730,737.31. An audit revealed that the claimant had lost Kshs. 6,553,326.96 due to abuse of office.

Issues

  1. Whether the claimant resigned due to personal reasons
  2. Whether the respondent lost money due to the claimant's actions

Reasoning

The claimant's resignation was due to the audit findings of abuse of office, not personal reasons. The respondent's loss was due to discrepancies in billing and shift systems, not the claimant's actions.

Outcome

Claimant's appeal dismissed

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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