KENYA ENGINEERING WORKERS’ UNION v ELDORET STEEL MIILS LTD [2003] KEELRC 25 (KLR)
The bottom line
#A Kenyan court ruled that firing workers without a hearing breaches natural justice, though short-serving employees only got two months' pay.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissals were connected to trade union activities
The Court did not find for the Union on victimisation; it proceeded on the Company's allegations of misconduct
The Union alleged the grievants were dismissed for refusing to renounce union membership. The Minister's investigation had found no evidence connecting dismissal with union membership, and the Court proceeded on the misconduct allegations rather than finding victimisation, treating the dispute as one of unjustified summary dismissal.
Whether the alleged misconducts under Section 17(a), (d) and (e) of the Employment Act warranted summary dismissal
The alleged misconducts fell within Section 17(a), (d) and (e), but summary dismissal without a hearing was improper, warranting only nominal benefits
The Court analysed Section 17 of the Employment Act, holding that sub-clauses (a) and (d) do not require mens rea while (e) does. Though misconduct was alleged, the grievants were dismissed without being heard, breaching natural justice; hence the Court treated the case as termination of service.
What remedies were due to grievants who served about 5½ months
One month's wages in lieu of notice and one further month's wages for loss of employment each
Given the short service and the breach of audi alteram partem, the Court awarded only nominal terminal benefits rather than the maximum 12 months' compensation sought by the Union.
Legal principles established
#- Dismissing an employee without affording an opportunity to be heard offends the audi alteram partem rule and converts summary dismissal into termination of service
- Where the Legislature has not qualified a misconduct with words of mens rea such as 'willfully', 'intentionally' or 'knowingly', the state of mind of the wrongdoer is irrelevant to that misconduct; where it has, deliberateness is required
Court orders
#- 1.The cases in respect of Patrick Wekesa Nakumo and Enock Wafula dismissed as withdrawn
- 2.That the grievants be paid one month's wages each in lieu of notice
- 3.That the grievants be paid a further one month's wages for loss of employment
- Jurisdiction invoked
- Section 14(7) of the Trade Disputes Act, Cap. 234, Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KENYA ENGINEERING WORKERS’ UNION v ELDORET STEEL MIILS LTD [2003] KEELRC 25 (KLR)", Case Analysis (2003). Cause No. 36 of 1998. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2003/25/eng@2003-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.