Thursday, June 25, 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

Aquamist Wins Appeal After Court Finds Former Employee Failed to Prove Resignation Letter Was Forged

The Employment and Labour Relations Court overturned an unfair dismissal award against Aquamist, holding that the employee did not provide evidence to support claims that his resignation letter was fake.

Bramuel Wanzala by Bramuel Wanzala
June 25, 2026
in Court Update
0
Aquamist Wins Appeal After Court Finds Former Employee Failed to Prove Resignation Letter Was Forged

The Employment and Labour Relations Court ruled that a former employee failed to prove allegations that his resignation letter was forged, allowing his employer's appeal and dismissing the unfair dismissal claim.

Share on FacebookShare on TwitterShare on WhatsApp

The Employment and Labour Relations Court has overturned a decision that had awarded compensation to a former employee of Aquamist Limited, finding that the worker failed to prove claims that a resignation letter attributed to him had been forged.

In a judgment delivered on June 19, 2026, Justice Jemimah Keli allowed an appeal filed by Aquamist and set aside an earlier ruling of the Milimani Magistrates’ Court, which had found that the company unfairly terminated the employment of Robert Mburu.

Related posts

Big Win for Nicco Movers Sacco as Tribunal Suspends NTSA Ban, Allowing Operations to Resume

Big Win for Nicco Movers Sacco as Tribunal Suspends NTSA Ban, Allowing Operations to Resume

June 25, 2026
EACC Charges Security Firm Director Over Alleged KSh 5.4 Million Procurement Fraud

EACC Charges Security Firm Director Over Alleged KSh 5.4 Million Procurement Fraud

June 25, 2026

The dispute arose from conflicting accounts surrounding the end of Mburu’s employment in 2021. Mburu maintained that he was verbally dismissed after being informed that business had slowed down and that he should remain at home until he was recalled. He later claimed that upon returning, he was informed that his services were no longer needed.

Aquamist, however, argued that Mburu voluntarily left his job after submitting a resignation letter following a period of absence from work. The trial court initially sided with the employee, questioning the authenticity of the resignation letter and concluding that the employer had not sufficiently demonstrated that Mburu had resigned.

On appeal, Justice Keli re-examined the evidence and reached a different finding. The judge noted that although Mburu denied signing the resignation letter during the hearing, he had not filed any formal pleadings challenging the document despite knowing that the employer’s defence was anchored on resignation.

According to the court, once an employee alleges that a signature appearing on a document is not his own, the burden shifts to him to provide evidence supporting that allegation.

“The claimant had the burden to provide evidence as the owner of the signature to prove that it was not his signature,” Justice Keli stated.

The court observed that allegations of forgery are serious in nature and require more than a simple denial. The judgment emphasized that such claims ordinarily call for credible supporting evidence, including expert analysis where necessary. In Mburu’s case, the court found that no handwriting expert had been called to challenge the signature appearing on the resignation letter. The employee had also not reported the alleged forgery to investigative authorities or sought any forensic examination of the document.

Justice Keli held that without such evidence, the claim that the resignation letter was forged remained unproven. The court further rejected the argument that the resignation was ineffective because it had not been formally accepted by the employer.

“Resignation is a unilateral act, and there is no requirement of acceptance of the same by the employer,” the judge said.

The court accepted evidence from Aquamist’s human resource department that the resignation letter had been received and processed internally.

Justice Keli also addressed salary payments that continued after the resignation date. While the lower court had viewed the payments as evidence that the employment relationship still existed, the appellate court accepted the company’s explanation that the payments had been made out of consideration for the employee’s financial circumstances.

The judge found that the payments alone could not invalidate the resignation letter or establish that Mburu had been unfairly dismissed.

Having found no proof of termination and no credible challenge to the resignation document, the court concluded that the claim for unfair dismissal could not succeed.

“The respondent did not prove the termination of his employment on a balance of probabilities and did not impeach the produced resignation letter,” Justice Keli ruled.

The appeal was allowed, the earlier judgment was set aside, and Mburu’s claim was dismissed. Aquamist was also awarded the costs of both the trial and the appeal.

The ruling is expected to provide guidance in future employment disputes involving contested resignation letters, particularly where allegations of forgery are raised without expert or forensic evidence.

Previous Post

Big Win for Nicco Movers Sacco as Tribunal Suspends NTSA Ban, Allowing Operations to Resume

Next Post

Utumishi Girls Murder Case Moved to Nairobi Over Security Concerns

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
DPP Approves 16 Murder Charges Against Suspects in Utumishi Girls Academy Fire

Utumishi Girls Murder Case Moved to Nairobi Over Security Concerns

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

DPP Drops Murder Case Against 15 Ex-SSU Officers Linked to Missing Indians and Taxi Driver
News

DPP Drops Murder Case Against 15 Ex-SSU Officers Linked to Missing Indians and Taxi Driver

by CH Reporter
June 22, 2026
0

The Director of Public Prosecutions (DPP) has withdrawn murder charges against 15 former Special Service Unit (SSU) officers who had...

“Marriage Is Not a Prison”: High Court Affirms Right to Divorce Despite Catholic Doctrine

“Marriage Is Not a Prison”: High Court Affirms Right to Divorce Despite Catholic Doctrine

June 22, 2026
DPP Approves 16 Murder Charges Against Suspects in Utumishi Girls Academy Fire

DPP Approves 16 Murder Charges Against Suspects in Utumishi Girls Academy Fire

June 23, 2026
Court Dismisses Bid by Charles Nyachae to Remove Stepmother from managing their estate

Court Dismisses Bid by Charles Nyachae to Remove Stepmother from managing their estate

June 24, 2026
Court Pardons Duale in Ebola Quarantine Contempt Case, Issues Stern Warning After Leniency Plea

Court Pardons Duale in Ebola Quarantine Contempt Case, Issues Stern Warning After Leniency Plea

June 23, 2026
NTSA Defends Revocation of NICCO Sacco Licence as Tribunal Orders Fleet to Remain Grounded

NTSA Defends Revocation of NICCO Sacco Licence as Tribunal Orders Fleet to Remain Grounded

June 22, 2026
EACC Arrests Two KRA Officers Over Alleged Sh3 Million Bribery Scheme

EACC Arrests Two KRA Officers Over Alleged Sh3 Million Bribery Scheme

June 23, 2026
NTSA Defends Revocation of NICCO Sacco Licence as Tribunal Orders Fleet to Remain Grounded

NICCO Sacco Fights Licence Revocation as Tribunal Demands NTSA Compliance Report

June 24, 2026
Couple Faces Eviction After KCB Auctions Matrimonial Home Over KSh13.8 Million Mortgage

Couple Faces Eviction After KCB Auctions Matrimonial Home Over KSh13.8 Million Mortgage

June 22, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Utumishi Girls Murder Case Moved to Nairobi Over Security Concerns
  • Aquamist Wins Appeal After Court Finds Former Employee Failed to Prove Resignation Letter Was Forged
  • Big Win for Nicco Movers Sacco as Tribunal Suspends NTSA Ban, Allowing Operations to Resume

Category

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

Recent News

DPP Approves 16 Murder Charges Against Suspects in Utumishi Girls Academy Fire

Utumishi Girls Murder Case Moved to Nairobi Over Security Concerns

June 25, 2026
Aquamist Wins Appeal After Court Finds Former Employee Failed to Prove Resignation Letter Was Forged

Aquamist Wins Appeal After Court Finds Former Employee Failed to Prove Resignation Letter Was Forged

June 25, 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.