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ELRCDismissedCause No. 1636 of 2013 (Consolidated with Cause No. 636 of 2014)· [2016] KEELRC 30 (KLR)

John Nganga Ngigi & another v Nairobi Hospital [2016] KEELRC 30 (KLR)

Employment and Labour Relations Court of Kenya
6 October 2016
3,205 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~13 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that being cleared of criminal charges does not save employees dismissed for negligence at a fair workplace hearing.

What this practically means

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Executive summary

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Two causes, Cause No. 1636 of 2013 (John Nganga Ngigi v The Nairobi Hospital) and Cause No. 636 of 2014 (Jacob Orlando Ochanda v Kenya Hospital Association Ltd t/a The Nairobi Hospital), were consolidated by direction of 1st December 2015 and determined on written submissions. Both claimants were summarily dismissed on 7th August 2013 over an attempted fraudulent fuel transaction in which 2000 litres of diesel were requisitioned but only 600 litres delivered, with security personnel exposing the scheme. Ngigi sought revocation of the dismissal, reinstatement with full benefits and damages, contending no wrongdoing was attributed to him and he faced no criminal charges. Ochanda, acquitted in Criminal Case No. 2450 of 2013, sought five years' gross pay to retirement, notice pay, pension, gratuity and Kshs. 10 million for alleged false confinement. The Respondent maintained both dismissals followed show cause letters and fair hearings, were justified by negligence and culpability, and that Ochanda's acquittal was irrelevant to internal disciplinary findings. The court held the claimants were dismissed for valid, justified reasons after participating in disciplinary hearings where they gave defences; internal proceedings need not match criminal standards of proof, and the acquittal had no bearing. Reinstatement was unavailable for an employee culpable of negligence; the five-year salary and notice claims failed, as did the detention damages claim since the arrest was by an independent agency without proof of malice. The claims were dismissed save for payment of dues set out in the dismissal letters, Certificates of Service and P9 forms, with each party bearing own costs.

Key legal issues

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01

Validity of the reasons for summary dismissal

Holding

Both Claimants were dismissed for valid and justified reasons - negligence and involvement in attempted fraudulent fuel under-delivery

Reasoning

The court found that Ngigi requisitioned fuel in a manner facilitating fraudulent transactions, while Ochanda signed delivery documents for goods never delivered in the quantities requisitioned. As an accounting person, signing for unconfirmed deliveries implicated him in the fraudulent transaction. Their defences lacked merit and the dismissals were lawful under section 44(4)(c).

p. 5
02

Fairness of the disciplinary procedure

Holding

The procedure was fair - both Claimants received show cause letters, participated in hearings and gave defences

Reasoning

Both Claimants admitted being taken through disciplinary hearings but challenged the modalities. The court held the shop floor is the best venue for evidence and internal proceedings need not meet the criminal standard of proof beyond reasonable doubt. Since both participated and defended themselves, the requirements of sections 41, 43 and 47 were met.

p. 5
03

Effect of criminal acquittal on internal disciplinary proceedings

Holding

Ochanda's acquittal in Criminal Case No. 2450 of 2013 has no bearing on the internal disciplinary process, which applies different standards

Reasoning

The court adopted the Respondent's submission that criminal prosecution and internal disciplinary proceedings are governed by different sets of principles and standards. Dismissal was based on negligence and culpability found at the disciplinary hearing, not on the criminal outcome.

p. 4
04

Wrong entity sued by Ngigi

Holding

The technical objection was not pursued and the court declined to rely on it

Reasoning

The defence argued Ngigi sued the wrong entity, but this was not addressed in submissions. Both parties addressed the substantive issues, and the court elected not to overly rely on the technicality.

p. 4

Legal principles established

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  • Internal disciplinary proceedings need not mirror criminal proceedings; the shop floor is the best place for evidence and the requirement is a reasonable hearing for the employee to give his defence
  • An employee who wilfully neglects or carelessly performs duties may be summarily dismissed under section 44(4)(c) of the Employment Act
  • Criminal prosecution and internal disciplinary proceedings are governed by different principles and standards

Court orders

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  1. 1.The claims of both Claimants are dismissed
  2. 2.The dues set out in the summary dismissal letters owed to the Claimants as at the time of dismissal are payable
  3. 3.The Respondent shall issue the Claimants with Certificates of Service and P9 forms for Kenya Revenue Authority returns for the last year of service
  4. 4.Each party shall bear own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (sections 41, 43, 44, 45, 47) over claims of unfair and wrongful summary dismissal

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "John Nganga Ngigi & another v Nairobi Hospital [2016] KEELRC 30 (KLR)", Case Analysis (2016). Cause No. 1636 of 2013 (Consolidated with Cause No. 636 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/30/eng@2016-10-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.