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ELRCPartially AllowedCause No. 241 of 2014· [2016] KEELRC 1773 (KLR)

Miriam Baridi Amaswache v Innovations for Poverty Action [2016] KEELRC 1773 (KLR)

Employment & Labour Relations Court
21 January 2016
MOMaureen Onyango
1,258 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court upheld dismissal of an employee who admitted falsifying payment forms in writing, ruling no further hearing was needed, though a certificate of service must be issued.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent as a field officer from 8th February 2014 to 31st December 2014 on a monthly salary of Shs.16,200, alleged unlawful and unfair termination by letter dated 18th July 2014. She sought a declaration that the termination was unlawful, salary in lieu of notice, unpaid salaries, compensation or damages for unfair termination and breach of contract, payment for the unexpired term of the contract, gratuity, leave, underpayments and punitive damages equivalent to 12 months' salary, plus a certificate of service, costs and interest. The Respondent denied the claim, asserting compliance with natural justice and gross misconduct. The court found that the Claimant admitted in her written statement of 10th July 2014 that she had not paid some mobilisers whose names and signatures appeared on payment forms she submitted, amounting to falsification. Since the termination rested on her own written admission, no further hearing was necessary, and the termination satisfied both procedural fairness and validity of reason under Section 45 of the Employment Act. The court also found the Respondent's offer of Shs.43,364 constituted full payment of terminal dues. All prayers failed except the certificate of service, which the Respondent was directed to issue within 30 days. The claim was otherwise dismissed with no orders for costs.

Key legal issues

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01

Whether the termination of the Claimant's employment was unfair

Holding

Termination was fair and lawful; the Claimant's own written admission of falsifying payment forms established gross misconduct and rendered a further hearing unnecessary

Reasoning

Section 45 of the Employment Act requires both procedural fairness and validity of reason. The Claimant admitted in her statement dated 10th July 2014 that she did not pay mobilisers whose names appeared on the payment forms, meaning the forms were falsified. Although the HR Manager's meeting at Webuye was missed by the Claimant, her written admission obviated any further hearing. The Respondent also offered full terminal dues, which the Claimant rejected.

p. 3

Legal principles established

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  • Under Section 45 of the Employment Act, termination must meet both procedural fairness and validity of reason, otherwise it is unfair
  • Where an employee admits in writing the misconduct alleged, the employer need not hold another hearing session

Court orders

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  1. 1.The Respondent is directed to issue a certificate of service to the Claimant within 30 days from the date of judgment
  2. 2.The claim is dismissed save for issuance of the certificate of service
  3. 3.No orders for costs

Authorities

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Legislation

  • Employment ActSection 45

Cases cited (4)

  • Lucia Muthoni Meria v Academic Service Ltd
    (2015) eKLR
  • Abraham Gumba v Kenya Medical Supplies Authority
    Cause No. 1073 of 2012
  • Joseph Muthama Ndambuki and 3 Others v Delmonte (K) Limited
    [2012] eKLR
  • Edward Kirago & Another v Shell & BP (Malindi) Kenya Ltd
    [2009] eKLR
Jurisdiction invoked
Employment and labour relations matter under the Employment Act, Section 45

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, "Miriam Baridi Amaswache v Innovations for Poverty Action [2016] KEELRC 1773 (KLR)", Case Analysis (2016). Cause No. 241 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1773/eng@2016-01-21

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