Rioba Douglas Kamanda v Midcom Limited [2015] KEELRC 1005 (KLR)
The bottom line
#A Kenyan court awarded a dismissed marketing executive over Kshs.450,000 because his employer fired him without valid, proven reasons or a hearing.
What this practically means
#Executive summary
#Key legal issues
#Validity of reasons for termination
There were no valid reasons to warrant termination; the reasons cited (non-performance, poor work ethics, neglect of work) were not communicated to the Claimant beforehand and no proof of them was shown to the court.
The termination letter cited non-performance, poor work ethics and neglect of work, but there was no prior communication of these issues to the Claimant. No proof of these reasons was exhibited, so the court could not ascertain their validity under Section 43 of the Employment Act, which places the burden of proving reasons on the employer.
Due process before termination
No due process was followed; the Respondent did not give the Claimant the reasons for termination or an opportunity to be heard as required by Section 41 of the Employment Act 2007.
The Claimant wrote to the Respondent seeking to be heard but no opportunity was given. Section 41 requires an employer to explain the reasons for contemplated termination and to hear the employee's representations. The Respondent, though alleging poor performance, adduced no evidence of any such process, rendering the dismissal procedurally unfair.
Legal principles established
#- An employer must, before terminating employment on grounds of misconduct, poor performance or incapacity, explain the reasons to the employee and accord him an opportunity to be heard (Section 41, Employment Act 2007).
- In any claim arising out of termination, the employer bears the burden of proving the reasons for termination, failing which the termination is deemed unfair (Section 43, Employment Act 2007).
Court orders
#- 1.Award of Kshs.93,000/= travel allowance not paid as pleaded
- 2.Award of one month salary in lieu of notice of Kshs.27,500/=
- 3.Award of 12 months' salary for unlawful termination being Kshs.330,000/= (12 x 27,500)
- 4.Total award of Kshs.450,500/= less statutory deductions plus costs
- 5.Respondent to issue the Claimant with a Certificate of Service
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (Employment Act 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rioba Douglas Kamanda v Midcom Limited [2015] KEELRC 1005 (KLR)", Case Analysis (2015). Cause No. 1648 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1005/eng@2015-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.