Registered Trustees-Sampling Trust Foundation v Khaiga (Appeal E110 of 2025) [2026] KEELRC 798 (KLR) (19 March 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 798
- Citation
- [2026] KEELRC 798 (KLR)
- Decided
- 19 March 2026
The appeal is dismissed. The trial court's findings regarding employment and termination are upheld. The award of notice pay, compensation, and payment for the period away from work is set aside.
Facts
The respondent filed a claim against the appellant alleging employment on 7 June 2021 and unfair termination in January 2024. The respondent was paid KSh. 24,000 initially and KSh. 42,000 after promotion. She was involved in a road accident on 12 August 2024, resulting in fractures and inability to walk for 4 months.
Issues
- Employment period
- Unfair termination
- Notice pay and compensation
- Payment for period away from work
- House allowance, costs, and interest
Reasoning
The court finds that the respondent was employed on 3 February 2023, not 7 June 2021. The respondent's absence due to the accident was not covered by the Act, and thus, the award of compensation and payment for the period away from work is not justified.
Outcome
Appeal dismissed
Orders
- Set aside the award of notice pay, compensation, and payment for the period away from work
Authorities cited
Legislation (1)
- Employment and Labour Relations Act
Cases cited (3)
- Dorothy Njoki Ndung’u v Machakos University College & Deputy Principal (Administration Planning and Finance) Machakos University College [2016] KEELRC 17 (KLR)
- Banking, Insurance & Finance Union (Kenya) v Barclays Bank of Kenya Ltd [2014] KEELRC 1145 (KLR)
- James Mulinge v Freight Wings Limited [2016] KEELRC 1561 (KLR)
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