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Samuel Kalomit Murkomen v. Telkom Kenya Limited

(2017) JELR 94816 (CA)

Court of Appeal  •  Civil Appeal 209 of 2013  •  24 Mar 2017  •  Kenya

Erastus Mwaniki Githinji, Wanjiru Karanja, Fatuma sichale



1. Every employee whose services have been terminated has the right under Section 35(4) of the Employment Act to dispute the lawfulness or fairness of the termination of employment. What is considered as an unlawful or unfair reason for termination is set out though not exhaustively in Section 46 of the Employment Act. It is also instructive to note that in any complaint of unfair termination of employment, the burden of proving the same rests on the employee, while the burden of justifying the grounds for the termination of employment lies with the employer. See Section 47(5) of the Employment Act.

2. The appellant found himself in such a predicament after his services were terminated by the respondent vide a letter dated 28th October, 2011. A brief background of this matter will help to place this appeal in perspective. The appellant was employed on 23rd January, 1990 as a technician trainee by the respondent’s predecessor, the Kenya Posts and Telecommunications …

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