Equity Bank has suffered a devastating blow after The Employment and Labour Relations Court at Nairobi dismissed their appeal against a former employee Peter Kioko whose employment was terminated un-procedurally. In a ruling dated March 23rd, 2023 by Judge Nduma J, Mr Kioko filed the case against Equity Bank on August 2nd, 2021. Mr. Kioko had sought various reliefs including the equivalent of 12 months’ salary in compensation for the unlawful dismissal.
However, Equity Bank filed a notice of preliminary objection to the claim dated September 15th, 2022 arguing that the Honourable Court lacks the requisite jurisdiction to entertain, hear, determine, and/or grant the orders sought. In his ruling, Judge Nduma found out that the Preliminary Objection is vague, lacks precision, and is not a pure point of law.
The ruling reads in part “Indeed a perusal of the pleadings in this matter leads the Court to the conclusion that this Court has jurisdiction over this matter. The Preliminary Objection is misconceived and an abuse of the Court process”.