JudgmentKingsley James Ochieng VS Edge & Motion Group Limited
Kingsley James Ochieng VS Edge & Motion Group Limited
Employment and Labour Relations Court at Nairobi Employment and Labour Relations Court (ELRC)J. N. Abuodha
Division and case type: Appeals DivisionAppeals
The court considered an appeal against a Senior Resident Magistrate's judgment in MCELRC/E940 of 2020. The appellant challenged the magistrate's findings that he failed to prove unfair termination by the respondent on a balance of probability, unpaid salary arrears, and procedural fairness. The court held that the appellant discharged the burden of proof under the Employment Act by providing email evidence showing termination without consultation, and the respondent failed to justify the termination. The court allowed the appeal, setting aside the magistrate's judgment and ordering payment of Kshs 210,600 in unpaid salary arrears.
employment actunfair terminationburden of proofprocedural fairness11 min read