Kuria v Kenya Broadcasting Corporation (Cause 801 of 2013) [2015] KEELRC 1658 (KLR)
The bottom line
#Kenya's Employment Court ruled KBC unfairly retired its manager without a fair hearing and awarded him 12 months' salary.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was for valid reasons and in accordance with fair procedure
The termination was unfair: the reasons were insufficient and the stipulated disciplinary procedure and safeguards under Section 41 of the Employment Act and the Respondent's terms of service were not accorded to the Claimant
The court examined the charges levelled against the Claimant - insufficient advice on procurement of spares, misleading information on VAT, wrong advice on the switcher, and false information to the tendering committee - and found the Claimant had not admitted wrongdoing in his response. The court found the faults were attributable to other departments or prior office holders, that poor signals were a systemic failure, and that no preliminary investigation or committee probe was conducted. Hence neither valid reason nor fair procedure was established.
Whether the Respondent proved its counterclaim for Kshs. 62,622.80
The counterclaim was dismissed as it was not proved
The Respondent alleged that at the time of retirement the Claimant owed it the difference between liabilities of Kshs. 302,622.80 and dues of Kshs. 240,000/-. The Claimant denied the liabilities as fictitious. The suit was determined on pleadings, affidavits, documents and submissions, and the Respondent did not discharge the burden of proving the alleged overpayment.
What compensation is payable for the unfair termination
The court awarded 12 months' compensation of Kshs. 1,272,000/- based on the monthly salary of Kshs. 106,000/-
Having found the termination unfair for want of compliance with procedure and want of valid reasons, the court applied a 12-month salary equivalent as compensation, rejecting the Claimant's claim for lost earnings up to retirement and the abandoned claims for general and exemplary damages.
Legal principles established
#- Procedural fairness in termination must be adhered to, and a termination is unfair where there is want of compliance with the stipulated procedure and want of valid reasons to justify it
- An employee is entitled to procedural fairness including notice of specific complaints and an opportunity to show cause before termination under the employer's regulations
- Assuming an office does not, by inference, make an employee liable for all defects attributable to previous office holders
Court orders
#- 1.Award of 12 months' compensation of Kshs. 1,272,000/- based on the Claimant's monthly salary of Kshs. 106,000/-
- 2.Dismissal of the Respondent's counterclaim as it was not proved
- 3.Costs of the suit awarded to the Claimant
- Jurisdiction invoked
- Section 22 of the 6th Schedule of the Constitution of Kenya (suit transferred by Waweru J. to this Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kuria v Kenya Broadcasting Corporation (Cause 801 of 2013) [2015] KEELRC 1658 (KLR)", Case Analysis (2015). Cause No 801 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1658/eng@2015-09-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.