Why has Yako Supermarket refused to compensate former employee Kelvin Reynold Namale?

Six months down the line, the management of Yako Supermarket has blatantly failed to pay a former staff after court determined that his dismissal was unfair.

Following the ruling and feeling aggrieved, Namale went to a high Court Kisumu and filed an appeal against Yako Supermarket.

However, the appeal was dismissed on 30th May 2025 by the Judges of appeal.

It was therefore expected that upon dismissal of the appeal, Yako Supermarket was to immediately pay the awarded amounts to Namale.

Unfortunately, he has not received any payment and his attempts to get his awarded payment has hit a dead end.

He is not the only employee demanding compensation from Yako Supermarket. A number of such cases are pending at the Employment and Labour Relations Court.

Cases of unfair termination of contracts, mistreatment of staff, late salary payments and working for longer hours without compensation of overtime are the order of the day.

Back to Namale case, it has been reported that as Yako supermarket continues to retain his payments, the former staff is said to be living in deplorable condition while the management of Yako continues to live their lavish lifestyle.

It is also worth mentioning that the Management of Yako has refused to give him the certificate of service within 30 days as ordered by the court.

Kelvin Reynold Namale initiated the suit, the precursor to this appeal on 19th December 2014, by filing a Memorandum of Claim in the Employment and Labour Relations Court at Bungoma “the ELRC” seeking reinstatement to the position he held previously or, in the alternative payment of compensation for unlawful and unfair dismissal. 

He also sought terminal benefits, punitive damages and a certificate of service.

Namale had been employed by Yako Supermarket Company limited as an Information Technology Technician in 2011 on permanent terms, earning a monthly salary of Kshs 19,380. 

His performance remained satisfactory until in May, 2014, when he allegedly stumbled upon an unusual digital transactions involving the movement of funds at his workplace. 

These discrepancies occurred after business hours and involved alteration of VAT payments. 

The money was then reassigned to sales of zero-rated items such as generators, despite no actual sales of these items taking place. 

This manipulation seemed designed to deprive the government of tax revenue.

Namale reported these irregularities to his supervisor, Mr. Sudhir Shambhulal Khetia

However instead of investigating the reported anomalies, Mr. Khetia accused Namale of theft, assaulted him by slapping him across the face and subsequently called the police to have him arrested. 

Namale documented the assault through a P3 form, which indicated physical injuries consistent with the reported incident. 

Despite the accusations of theft, Namale was not formally charged. 

Following these events, Namale sensing that the work environment had become toxic opted not to resume work deeming that the management had thereby constructively terminated his services. 

Subsequent thereto he initiated the claim.

Namale v Yako Supermaket Company Ltd (Civil Appeal 202 of 2019) [2025] KECA 1017 (KLR) (30 May 2025) (Judgment)

On 1st February, 2019, the ELRC rendered its decision.

The court awarded  Namale unpaid terminal benefits, a total of Kshs 34,000, being Kshs 17,000 payment in lieu of leave, and Kshs 17,000 being salary for July 2014, with interest from the date of filing the claim until full payment. 

It is however unfortunate that Yako Supermarket has refused to pay Namale. 

The family is now appealing to City secretary General Francis Atwoli to help out.