Hussein Mohamed Awadh v First American Bank of Kenya Ltd [2015] KEELRC 242 (KLR)
The bottom line
#A Kenyan court dismissed a former bank cashier's claims for wrongful termination and malicious prosecution because he sued the wrong parties and proved neither.
What this practically means
#Executive summary
#Key legal issues
#Malicious prosecution
Not proved; the proper defendant, if any, would be the investigating/prosecuting authorities, not the employer
The Central Bank fraud investigators investigated, formed the opinion the claimant was a suspect, arrested, and prosecuted him. There was no evidence the respondent influenced the decision to charge or continue the prosecution. The investigators, through the office of the AG (now under the DPP), should have been sued or enjoined as defendant.
Wrongful dismissal
Termination was lawful; summary dismissal was justified under section 17 of the Employment Act (repealed), and the notice given accorded with the appointment letter
The claimant made an irregular payment of funds in breach of banking regulations. He was given a chance to explain in writing but his explanation was unsatisfactory. The employer served a termination notice dated 9.12.1997 effective 31.1.1998, consistent with the appointment letter's notice provision. The CBA relied on was concluded on 17.2.1998 and registered on 23.3.1998, after the termination date.
Reliefs
Refused; terminal dues already paid and no liability established against the respondent
The claimant admitted receiving terminal dues including pension, salary and accrued leave. Since neither malicious prosecution nor wrongful termination was established against the respondent, no further payment could be ordered.
Legal principles established
#- An employer cannot be liable for malicious prosecution where the prosecution was instituted and carried out by police/investigators over whom it had no control and no influence
- An employer cannot be expected to comply with a CBA that had not yet been concluded and registered at the time of termination
Court orders
#- 1.The suit is dismissed with no order as to costs
- Jurisdiction invoked
- File transferred to this court from the High Court on 15.6.2015 pursuant to transfer of employment and labour matters to the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hussein Mohamed Awadh v First American Bank of Kenya Ltd [2015] KEELRC 242 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/242/eng@2015-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.