Automated Summary
Key Facts
The claimant, Hannington Wesonga Omwolo, was employed as a security supervisor by Securex Agencies (K) Limited from December 7, 2007, with a monthly salary of Kshs 23,489. His employment was terminated on October 11, 2016, without prior notice or warning. The claimant alleges he was not paid outstanding wages, severance, or vacation pay, and that the termination lacked valid justification. The respondent claims termination was for breach of contract, citing poor supervision of bag searches at the World Bank offices as captured on CCTV. The court ruled the termination unfair due to the respondent's failure to provide specific, verifiable reasons for dismissal.
Issues
- Was the termination of claimant's employment fair.
- b) Is he entitled to the reliefs sought.
Holdings
The court found the respondent failed to establish substantive justification for the termination, concluding that the claimant was unfairly terminated due to lack of valid and verifiable reasons. The termination was deemed unfair as the respondent provided generalized grounds without specific evidence, violating procedural and substantive requirements under the Employment Act 2007 (sections 41, 43, 45). The court cited cases like Walter Ogal Onur vs Teachers Service Commission and Loice Otieno vs Kenya Commercial Bank Limited to support its ruling.
Remedies
- 3 months equivalent of compensation inclusive all aggravated damages - Kshs 70,467.00
- Interest is also awarded at court rates from date of judgment till full payment
- One month salary in lieu of notice - Kshs 23,489.00
- The claimant is to be issued with his certificate of service within 14 days
- Unpaid salary for September 2016 - Kshs 23,489.00
- Overtime pay - Kshs 23,489.00
- Unpaid leave - Kshs 23,489.00
- Costs are also awarded to the claimant
Monetary Damages
164423.00
Legal Principles
The court emphasized that termination of employment must comply with the broad principles of natural justice, requiring employers to state valid reasons and follow fair procedures as outlined in Section 45 of the Employment Act 2007. The respondent failed to demonstrate both substantive justification and procedural fairness, leading to a finding of wrongful termination.
Precedent Name
- Walter Ogal Onur vs Teachers Service Commission
- Raymond Cherokewa Mrisha vs Civicon Limited
- Jonathan Chepwony vs George Makaleto Achia CEO Export Processing Authority (EPZA) & 2 others 2021 eKLR
- Loice Otieno V Kenya Commercial Bank Limited
Cited Statute
Employment Act 2007
Judge Name
Anna Ngibuini Mwaure
Passage Text
- The issue the court is picking with the respondent is that they failed to give a clear and valid reason or reasons for the termination... The respondent failed to establish a valid and verifiable reason.
- For the foregoing, the court finds the respondent failed to establish substantive justification and so is found to have wrongfully terminated the claimant's employment and therefore enters judgment in favour of the claimant.
- Total award to the claimant therefore is - Kshs 164,423.00.