Roben Aberdare Limited v Waweru (Employment and Labour Relations Appeal E039 of 2025) [2026] KEELRC 832 (KLR) (24 March 2026) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 832
- Citation
- [2026] KEELRC 832 (KLR)
- Decided
- 24 March 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment of the Chief Magistrate's CourtCoramSTELLA RUTTO
Holding
The Court found that the reason for the Respondent's dismissal was not valid and that the dismissal was not effected in accordance with due process.
Facts
The Respondent, Peter Kingori Waweru, was employed by the Appellant, Roben Aberdare Limited, as a heavy commercial driver from 2020 to 2022. He was summarily dismissed on grounds of insubordination. The Appellant alleged that the Respondent siphoned fuel from his vehicle and engaged in insubordinate behavior.
Issues
- Whether the Appellant proved a valid and fair reason for terminating the Respondent's employment
- Whether the Appellant demonstrated that the Respondent's dismissal was effected in accordance with due process
- Whether the trial court erred in failing to grant the reliefs sought by the Appellant in its Statement of Response
- Whether the remedies awarded to the Respondent at the trial court lie in law
Reasoning
The Appellant was required to establish a valid and fair reason for terminating the Respondent's employment, which was not provided in the letter of summary dismissal. The dismissal was deemed to be unfair.
Outcome
Appeal dismissed
Orders
- The Appellant is ordered to pay the Respondent Kshs 352,866.60
- Interest on the amount shall accrue at court rates from the date of the judgment until full settlement
- Costs in this Court and at the trial court shall be borne by the Appellant
Remedies
- Notice pay, underpayment, accrued leave, service pay, gratuity, compensation for wrongful loss of employment, and unpaid National Hospital Insurance Fund (NHIF) and National Social Security Fund (NSSF) contributions
Authorities cited
Legislation (2)
- Employment Act
- Civil Procedure Act
Cases cited (3)
- Abok James Odera t/a A.J Odera & Associates vs John Patrick Machira t/a Machira & Co. Advocates [2013] eKLR
- Dede Esi Annie Amanor-Wilks v Action Aid International [2014] KEELRC 439 (KLR)
- Abraham Gumba v Kenya Medical Supplies Authority [2014] KEELRC 463 (KLR)
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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