Lilian Nyaboe Nyaribo v Wireless Innovations Nairobi Limited [2013] KEELRC 856 (KLR)
The bottom line
#Kenya's employment court ruled that firing an employee without a hearing is unfair, awarding her over Kshs.823,000 plus costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the claimant's employment was wrongful, unfair and unlawful
The termination was wrongful, unfair and unlawful because the claimant was not afforded a hearing, no valid reason was proved, and no reasons were communicated
The court found the claimant was suspended verbally without reasons and summarily dismissed without being heard, contrary to sections 41 and 45 of the Employment Act. Section 45(2) places the burden on the employer to prove a valid reason and fair procedure, which the respondent failed to discharge. Article 47 of the Constitution on fair administrative action applies to private-sector employment. The respondent was casual and unobservant of the claimant's legal and constitutional rights.
Whether the claimant is entitled to the relief sought
Yes; the claimant was awarded damages of 12 months' gross salary, severance pay, suspension salary, notice pay, unpaid leave and a certificate of service
Having found the termination unlawful, the court held the claimant entitled to compensation and redress as the hallmark of civil law and fair play. Specific reliefs were enumerated in the final orders, though salary until retirement and unremitted statutory deductions were not included in the award.
Legal principles established
#- An employer bears the burden of proving a valid reason and fair procedure for termination under section 45 of the Employment Act
- Article 47 of the Constitution on fair administrative action applies to employers in both the public and private sectors
- Failure to afford an employee a hearing before dismissal contravenes section 41 of the Employment Act and renders the dismissal unfair
Court orders
#- 1.12 months gross salary as damages for unlawful and unfair termination amounting to Kshs.441,000/=
- 2.Severance pay for each completed year of service amounting to Kshs.128,625
- 3.Salary for the month of suspension amounting to Kshs.36,750 plus interest at court rates from August 2009 until payment in full
- 4.One month's salary in lieu of notice amounting to Kshs.36,750.00
- 5.Certificate of Service to be issued to the claimant
- 6.Unpaid leave for the period worked computed as 21/30 x 36,750.00 x 7, total Ksh.180,075.00
- 7.Total award of Ksh.823,200.00
- 8.Costs of the cause to be borne by the respondent
- Jurisdiction invoked
- Employment Act, 2007 (ss. 41, 45) and Article 47 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Miriam Wanjiru Mwenje v Dulcie Spencer [2015] KEELRC 437 (KLR)[2015] KEELRC 437 (KLR)10 Aug 2015
Cite this brief
#Cite this brief
Caselaw, "Lilian Nyaboe Nyaribo v Wireless Innovations Nairobi Limited [2013] KEELRC 856 (KLR)", Case Analysis (2013). Cause No. 807 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/856/eng@2013-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.