Alubala v Zhongiao Third Highway Engineering E.A. Co. Ltd (Cause E895 of 2023) [2026] KEELRC 908 (KLR) (10 April 2026) (Judgment)

Alubala v Zhongiao Third Highway Engineering E.A. Co. Ltd (Cause E895 of 2023) [2026] KEELRC 908 (KLR) (10 April 2026) (Judgment)

The Respondent failed to prove desertion or absconding of duty and did not comply with mandatory procedural requirements under the Employment Act, rendering the termination both substantively and procedurally unfair.

Source-derived case information.

Citation
[2026] KEELRC 908 (KLR)
Parties
Claimant: Dickson Alubala; Respondent: Zhongiao Third Highway Engineering E.A. Co. Ltd
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
10 April 2026
Case Number
Cause E895 of 2023
Procedural Posture
Employment and Labour Relations Cause / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Unfair Termination, Compensation for Unfair Dismissal, Salary Arrears, Procedural Fairness, Substantive Justification
Source Language
english
Employment Law Unfair Termination Compensation for Unfair Dismissal Salary Arrears Procedural Fairness Substantive Justification

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dickson Alubala

Claimant

Zhongiao Third Highway Engineering E.A. Co. Ltd

Respondent

Procedural Posture

Employment and Labour Relations Cause / Judgment

  1. 1 Whether termination of the Claimant’s employment was unfair
  2. 2 Whether the reliefs sought are merited

Ratio Decidendi

The Respondent failed to prove desertion or absconding of duty and did not comply with mandatory procedural requirements under the Employment Act, rendering the termination both substantively and procedurally unfair.

Court Disposition

Judgment for the Claimant

Orders

  • Compensation for unfair termination: Kshs.475,000
  • One month salary in lieu of notice: Kshs.95,000