PETER APOLLO OCHIENG V. INSTARECT LIMITED

JUDGMENT

1. This judgment is in respect of the judgment of Mbaru, J. in Employment and Labour Relations Court (ELRC), Cause No. 1554 of 2012 that was instituted by the appellant against the respondent claiming damages for unlawful and wrongful dismissal from employment.

2. The background to the impugned judgment is that vide a letter dated 14th January 2011, the appellant was employed by the respondent as a Sales and Marketing Manager. His services were however summarily terminated vide a letter dated 17th January 2012. The appellant was dissatisfied with the said termination and challenged it before the ELRC. In his statement of claim before the ELRC, the appellant averred that the reasons for the summary dismissal were vague, evasive and false and contrary to the provisions of the Employment Act, 2007. He averred that he was dismissed because of pursuing an explanation for non-payment of bonuses to his sales team and for discriminatory payments of such bonuses during the term of his employm…