REGENT MANAGEMENT LIMITED V. WILBERFORCE OJIAMBO OUNDO

JUDGMENT OF THE COURT

1. Pursuant to Section 35(4) of the Employment Act every employee whose services have been terminated has the right to dispute the lawfulness or fairness of his/her termination. This is exactly what Wilberforce Ojiambo Oundo (the respondent) did following the termination of his services by Regent Management Limited (the appellant) on 22^nd November, 2010.

2. The respondent was employed by the appellant on 15^th August, 1999 as a property manager and rose in ranks to become Chief Executive Officer (CEO) earning a gross monthly salary of Kshs.331, 310. In addition, he was a director of a number of the appellant’s subsidiaries. At the time of his termination he was serving a three year contract which commenced from 1^st January, 2008 and was to end on 31^st December, 2010. According to the respondent, his woes begun when he turned down several unethical requests by the then Chairman of the appellant’s Board of Directors, one Chris Kisire.

3. On 17^th August, 2010 the Chairm…