SAMSUNG ELECTRONICS EAST AFRICA LTD V. K M

JUDGMENT OF THE COURT

1. This is an appeal against the judgment of the Employment and Labour Relations Court (ELRC) wherein Makau J., found the respondent’s employment with the appellant was not only terminated unfairly, but also the respondent was subjected to racial and sexual discrimination during the tenure of her employment. The respondent was awarded one month’s salary in lieu of notice, 22 days payment for the month of August 2013, bonus earned for the first quarter of 2013, 12 months’ salary as compensation for sexual and racial discrimination, with costs and interest at court rates from the date of filing the suit.

2. Dissatisfied with the said judgment, the appellant filed the instant appeal and our primary role as a first appellate Court is to re-evaluate, re-assess and re-analyze the evidence before the trial court so as to determine whether the conclusions reached by the learned trial Judge are to stand or not and give reasons either way. In Kenya Ports Authority v. Kuston …