George Kingori Gathogo v Kenpipe Co-operative Savings & Credit Society [2014] KEELRC 67 (KLR)
The bottom line
#A Kenyan employee claiming unfair dismissal lost because he couldn't prove his case, recovering only Kshs. 205,471.98 in admitted dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the claimant's employment was wrongful, unfair and unlawful
The termination was lawful and not wrongful, unfair or unlawful
The court found that the suspension and termination arose from flaws in the claimant's performance of his duties, as raised by the respondent's auditors, which the claimant did not rebut with evidence beyond mere denial. The claimant was informed of the restructuring and advised to apply for suitable positions but did not apply, and his reasons for not doing so were unconvincing. On the balance of probabilities the matter tilted in favour of the respondent.
Whether the claimant is entitled to the relief sought
The claim failed on the critical limb of wrongful termination, so the claimant was entitled only to the respondent's admitted dues of Kshs. 205,471.98
Having failed on the foremost and critical aspect of the fallibility of the termination, the claimant could not succeed on relief. The respondent admitted just dues tabulated in an annexure to the memorandum of defence amounting to Kshs. 205,471.98 after off-setting the claimant's liabilities to the Sacco, and the court held the claimant should contend with this figure.
Who bears the costs of the cause
Costs awarded to the respondent
Because the claimant failed in his claim, the court exercised its discretion to award costs to the respondent, holding the claimant could not be allowed to take the whole world on a wandering spree at the respondent's costs.
Legal principles established
#- A claimant alleging wrongful, unfair and unlawful termination bears the burden of proving it on a balance of probabilities; mere denial without rebutting evidence fails.
Court orders
#- 1.The respondent to meet and pay the admitted amount of Kshs. 205,471.98 to the claimant within thirty (30) days of the order of court
- 2.The costs of the cause to be borne by the claimant
- Jurisdiction invoked
- Constitution of Kenya, 2010 provisions relating to employment and labour relations disputes dispensation and settlement (matter transferred from the High Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "George Kingori Gathogo v Kenpipe Co-operative Savings & Credit Society [2014] KEELRC 67 (KLR)", Case Analysis (2014). Cause No. 1089 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/67/eng@2014-12-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.