Okoth v Pride Kings Security Services Ltd (Appeal E046 of 2025) [2025] KEELRC 3618 (KLR) (15 December 2025) (Judgment)
The appellant failed to adduce evidence to bring his resignation within the purview of constructive dismissal. There was no evidence of a request for leave or underpayment, and the trial court was correct in its findings. The appeal was devoid of merit and dismissed.
- Citation
- [2025] KEELRC 3618 (KLR)
- Parties
- Appellant: Micheal Omondi Okoth; Respondent: Pride Kings Security Services Ltd
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Judgment Date
- 15 December 2025
- Case Number
- Appeal E046 of 2025
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Constructive Dismissal, Unfair Termination, Terminal Dues, Statutory Entitlements, Continuing Injury
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Micheal Omondi Okoth
Appellant
Pride Kings Security Services Ltd
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the appellant was constructively dismissed or voluntarily resigned
- 2 Whether the appellant was entitled to terminal and contractual dues independently of unfair termination
- 3 Whether the trial court erred in its findings on underpayment, house allowance, overtime, unpaid holidays, and off days
Ratio Decidendi
The appellant failed to adduce evidence to bring his resignation within the purview of constructive dismissal. There was no evidence of a request for leave or underpayment, and the trial court was correct in its findings. The appeal was devoid of merit and dismissed.
Court Disposition
appeal dismissed
Orders
- Each party will bear their own costs
Full Case Text
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