Gerishon Ojwang Otuwi v Kibos Sugar and Allied Industries Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Gerishon Ojwang Otuwi v Kibos Sugar and Allied Industries Limited [2020] eKLR, highlighting key legal findings and implications for similar disputes.

Case Brief: Gerishon Ojwang Otuwi v Kibos Sugar and Allied Industries Limited [2020] eKLR

1. Case Information:
- Name of the Case: Gerishon Ojwang Otuwi v. Kibos Sugar and Allied Industries Limited
- Case Number: Cause No. 389 of 2015
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether the respondent had a valid reason to dismiss the claimant from employment and if the respondent followed a fair procedure in doing so.
- Whether the claimant is entitled to the reliefs sought, including compensation for unlawful and unfair termination of employment and terminal benefits.

3. Facts of the Case:
The claimant, Gerishon Ojwang Otuwi, was employed by Kibos Sugar and Allied Industries Limited as a general worker on 20th June 2006. He was later promoted to a field supervisor, earning Kshs. 25,000 per month, and served as the chairman of Kibos SACCO. On 11th December 2012, he received a show cause letter accusing him of spreading false information about the company to third parties. He denied these allegations but was summarily dismissed on 13th December 2012. The claimant appealed the dismissal but was unsuccessful.

4. Procedural History:
The claimant filed suit on 2nd November 2015, seeking compensation for unlawful termination, terminal benefits, a certificate of service, and costs of the suit. The respondent, represented by its Human Resource Manager, David Moli Odongo, argued that the dismissal was lawful due to the claimant’s alleged misconduct. The court heard testimonies from both parties, with the claimant asserting that he was not informed of the specific false information he was accused of spreading.

5. Analysis:
- Rules: The court considered Section 43(1) of the Employment Act, which requires an employer to prove the reasons for termination. Failure to provide valid reasons results in a presumption of unfair termination under Section 45.
- Case Law: The court referenced the case of *Kenya Broadcasting Corporation v. Geoffrey Wakio*, where the Court of Appeal upheld that a claimant could be awarded compensation for unlawful dismissal. This case highlights the importance of due process and valid reasons in employment termination.
- Application: The court found that the respondent failed to prove, on a balance of probabilities, that there was a valid reason for the claimant's dismissal. The lack of specificity in the allegations against the claimant and the absence of a disciplinary hearing led the court to conclude that the dismissal was both unlawful and unfair, violating several sections of the Employment Act.

6. Conclusion:
The court ruled in favor of the claimant, awarding him Kshs. 150,000 for unlawful and unfair dismissal and Kshs. 25,000 in lieu of notice. The judgment underscored the necessity for employers to adhere to fair procedures and valid reasons when terminating employment contracts, reinforcing employee rights in Kenya.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Employment and Labour Relations Court found Kibos Sugar and Allied Industries Limited liable for unlawful and unfair dismissal of Gerishon Ojwang Otuwi. The court's decision emphasized the importance of due process in employment termination and awarded the claimant compensation, reflecting broader implications for employee rights and employer responsibilities in Kenya. The judgment was delivered online in light of COVID-19 restrictions, demonstrating the court's adaptability to ensure access to justice.

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