Kariuki v Software Group Ke Limited (Cause E308 of 2024) [2026] KEELRC 1146 (KLR) (30 April 2026) (Judgment)

The Claimant’s probation was lawfully extended with his implied concurrence, but the Respondent failed to follow the mandatory procedural requirements for termination, including notice and a hearing, rendering the termination unfair and unlawful.

Citation: [2026] KEELRC 1146 (KLR)
Parties: Claimant: Gidraph F Kariuki; Respondent: Software Group Ke Limited
Court: Employment and Labour Relations Court
Jurisdiction: Kenya
Judgment Date: 30 April 2026
Case Number: Cause E308 of 2024
Procedural Posture: Employment and Labour Relations Cause / Judgment
Outcome: Claim partly allowed
Legal Topics: Probationary Contracts, Unfair Termination, Procedural Fairness, Compensation for Unfair Termination
Source Language: English

Employment Law Probationary Contracts Unfair Termination Procedural Fairness Compensation for Unfair Termination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Gidraph F Kariuki

Claimant

Software Group Ke Limited

Respondent

Procedural Posture

Employment and Labour Relations Cause / Judgment

Legal Issues

1 Whether the Claimant’s contract was confirmed after the lapse of the initial probationary period or whether the probation was extended
2 Whether the contract between the parties was lawfully terminated
3 Whether the Claimant is entitled to the reliefs sought

Ratio Decidendi

Court Disposition

Claim partly allowed

Orders

Declaration that the Respondent unfairly terminated the Claimant’s contract of service
Claim for salary in lieu of notice dismissed