Issue
The Small Claims Court, Milimani SCCC No. E6247 of 2024 had struck out our Client’s claim seeking to be paid amounts lost through malpractice by the Respondents.
Verdict
In Milimani Law Courts HCCA E940 of 2025: Kilimall International Limited v Mandela Gichini Wanjiru & Esther Wairimu Ngatia, on October 02, 2025, the High Court agreed with our Client’s, Kilimall International Limited, submissions on appeal that there is a distinction between an Employment dispute as per s 12 (1) of the Employment and Labour Relations Act and recovery claims against an employee/ former employee for fraud-related claims. The matter has been referred to the Small Claims Court for a fresh hearing on merit.
Parting Shot
Hon. Lady Justice T. Cherere’s judgment will ease employers’ recovery of certain losses arising out of fraud or misappropriation by an employee through the Small Claims Court.
Team: Jack Ong’anya, Cindy Ajumbo, and Freada Kinda