Wednesday, June 17, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
Court Helicopter
Home Court Update

Court of appeal Upholds 4.7 Million award for Damages for Employee Fired While on Sick Leave

Court of Appeal has upheld a KSh4.7 million award to a former salesman, finding that he was unlawfully dismissed while on sick leave and denied due process.

Bramuel Wanzala by Bramuel Wanzala
June 17, 2026
in Court Update
0
Court of appeal Upholds 4.7 Million award for Damages for Employee Fired While on Sick Leave

The Court of Appeal has upheld a KSh4.7 million compensation award to former salesman Hudson Kidaha Kisigwa after finding that Romageco Kenya Limited unlawfully dismissed him while he was on sick leave and failed to accord him a fair hearing.

Share on FacebookShare on TwitterShare on WhatsApp

The Court of Appeal has upheld a decision awarding a former sales employee more than KSh4.7 million after finding that his dismissal by Romageco Kenya Limited was unfair and unlawful.

In a judgment delivered on June 12, 2026, Justices W. Korir, L.M. Ndolo and Ahmed Issack dismissed an appeal by Romageco Kenya Limited and affirmed an earlier ruling of the Employment and Labour Relations Court in favor of former employee Hudson Kidaha Kisigwa.

Related posts

Court of Appeal Ends Bitter Dispute as Five Siblings Lose Claim to 20-Acre Makueni Land

Court of Appeal Ends Bitter Dispute as Five Siblings Lose Claim to 20-Acre Makueni Land

June 17, 2026
High Court Declares Maraga Advisory on Parliament Dissolution Unconstitutional

Former Taita Taveta County Official Arrested by EACC Over Ksh12.4 Million Fraud Probe

June 17, 2026

The dispute arose from Kisigwa’s dismissal in May 2010 after nearly five years of service as a salesman. He had claimed that the company unlawfully terminated his employment while he was on sick leave and failed to pay commissions he had earned over several years. Kisigwa told the court that he had been hospitalized at Nairobi Hospital in April 2010 and was later granted sick leave. He alleged that while he was still unwell, the company accused him of financial impropriety, terminated his employment without a hearing, and published notice of his dismissal in a newspaper. Romageco argued that Kisigwa had failed to return to work after his sick leave expired and had also failed to account for money collected from customers. The company maintained that these actions justified his dismissal.

However, the Court of Appeal found that the employer failed to prove either allegation.

The judges noted that the company made no effort to contact Kisigwa after his sick leave ended and did not issue any show-cause letter or invite him to a disciplinary hearing before terminating his employment.

“An employer invoking desertion as a defense to a claim of unlawful termination must demonstrate tangible efforts to reach out to the employee,” the court said.

The judges also found that allegations of unremitted customer funds appeared to have surfaced only after the employee fell ill and were not supported by evidence that he had been given an opportunity to respond. The court agreed with the trial judge that Romageco lacked a valid reason for dismissal and failed to follow the procedural requirements set out in employment law.

On the issue of unpaid commissions, the appellate court rejected the company’s argument that the claim had not been proved. The judges found that the employee relied on sales records supplied by the company itself and that his contract expressly entitled him to commissions. The Court of Appeal also declined to consider a new argument by the company that part of the commission claim was time-barred, noting that the issue had not been raised during the trial.

In upholding the award of 12 months’ salary as compensation for unfair dismissal, the court pointed to what it described as aggravating circumstances surrounding the termination.

The judges noted that Kisigwa was dismissed through a newspaper notice while he was ill, was not given a certificate of service, and was not paid his terminal dues.

“The respondent’s dismissal was effected without decorum, in a manner inconsistent with the dignity owed to an employee,” the court said.

The appeal was dismissed with costs, leaving intact the award of KSh4.7 million granted by the Employment and Labor Relations Court.

Previous Post

Court of Appeal Ends Bitter Dispute as Five Siblings Lose Claim to 20-Acre Makueni Land

Next Post

Trump Awaits Historic Supreme Court Rulings on Citizenship and Presidential Power

Bramuel Wanzala

Bramuel Wanzala

Bramuel Wanzala is a journalist and digital media practitioner specializing in court reporting and public interest stories. He holds a Bachelor’s degree in Linguistics, Media and Communication and has worked with Radio Citizen and The Standard. He currently reports for Court Helicopter News.

Next Post
Trump Awaits Historic Supreme Court Rulings on Citizenship and Presidential Power

Trump Awaits Historic Supreme Court Rulings on Citizenship and Presidential Power

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Court Told Investigators Could Not Identify Officer Who Shot and Killed Rex Masai
Court Update

Court Told Investigators Could Not Identify Officer Who Shot and Killed Rex Masai

by CH Reporter
June 15, 2026
0

The inquest into the death of protester Rex Masai has heard that investigators were unable to establish the identity of...

Gruesome Details Emerge in Tob Cohen Murder Trial as Court Hears How His Body Was Found Hidden in Underground Water Tank

Gruesome Details Emerge in Tob Cohen Murder Trial as Court Hears How His Body Was Found Hidden in Underground Water Tank

June 15, 2026
Lawyer Omari raises questions over missing information in a postmortem form in Murder case

Lawyer Omari raises questions over missing information in a postmortem form in Murder case

June 15, 2026

Former Nairobi City Water Official Jailed For 5 years For Using Fake Academic Certificate

June 11, 2026
High Court Declares Maraga Advisory on Parliament Dissolution Unconstitutional

Two Activists Move to Court to Stop Government Officials from Blocking Kenyans on Official Social Media Accounts

June 17, 2026
Blogger Jay Vee Kee Who Allegedly Harassed Senator Tom Ojienda Online Charged

Blogger Jay Vee Kee Who Allegedly Harassed Senator Tom Ojienda Online Charged

June 16, 2026
DPP Opposes Diageo Bid to Block Possible Criminal Probe Over Commercial Dispute

DPP Opposes Diageo Bid to Block Possible Criminal Probe Over Commercial Dispute

June 15, 2026
Jackson Kihara Gachucha Accuses His Uncle A Former Deputy President of Framing Him In Robbery Case

Man Claiming to Be Gachagua’s Nephew Loses Bid to Escape 20-Year Jail Term

June 17, 2026
Late Tob Cohen Tried to Shield Wife Sarah Wairimu From Arrest After Assault Complaint, Court Told

Late Tob Cohen Tried to Shield Wife Sarah Wairimu From Arrest After Assault Complaint, Court Told

June 16, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Freedom for Sale? The Mystery Behind Belarus’ Political Prisoner Deals
  • Trump Awaits Historic Supreme Court Rulings on Citizenship and Presidential Power
  • Court of appeal Upholds 4.7 Million award for Damages for Employee Fired While on Sick Leave

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story
  • World News

Recent News

Freedom for Sale? The Mystery Behind Belarus’ Political Prisoner Deals

Freedom for Sale? The Mystery Behind Belarus’ Political Prisoner Deals

June 17, 2026
Trump Awaits Historic Supreme Court Rulings on Citizenship and Presidential Power

Trump Awaits Historic Supreme Court Rulings on Citizenship and Presidential Power

June 17, 2026

© 2026 Court Helicopter. All rights reserved.

No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa

© 2026 Court Helicopter. All rights reserved.