Richard Kibet Yegon v Agventure Ltd [2018] KEELRC 21 (KLR)
The bottom line
#A Kenyan court dismissed a watchman's unfair termination claim entirely, finding his absence from duty which led to theft justified summary dismissal.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair
Not unfair; the absence from work resulting in loss of property warranted summary dismissal under sections 44(3) and (4), and the claimant was given a chance to explain under section 41(2)
The respondent's witness testified the claimant absconded duty on 13th June 2016, leading to theft of a drill and grinder. The claimant was recalled and given a chance to explain but gave no satisfactory response. The procedure followed in a case warranting summary dismissal under sections 44 and 41(2) could not be faulted. Failure to state reasons in the termination letter was not grave enough to negate fair hearing.
Whether notice pay, NSSF contributions, house allowance, annual leave and overtime were due
All declined; notice was paid generously, NSSF dues are due to the statutory body, leave and overtime records/admissions defeated those claims, and wages were inclusive of house allowance within wage orders
The respondent paid seven days' notice which, given justification for summary dismissal, was generous. NSSF contributions belong to the statutory body. Leave records were submitted without counter-evidence and the claimant admitted leave taken. The claimant admitted a rest day, defeating overtime. Wages plus bonus were within wage orders and inclusive of housing, so further house allowance would be unjust enrichment.
Legal principles established
#- Termination of employment must be accompanied by valid, justifiable and genuine reasons, and even a contractual termination clause is subject to section 35(4) of the Employment Act
- An employer cannot terminate employment at will; the employee retains the right to challenge the termination
- Where gross misconduct is clear and the employee was given a fair chance to defend himself, the employer's failure to state reasons in the termination letter does not warrant compensation
- Unremitted NSSF contributions are not payable to the employee; the proper claim is for service pay
Court orders
#- 1.The claim is dismissed in its entirety
- 2.The claimant to pay 50% of the costs due to the respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (unfair termination and employment benefits claims)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Jonah Ramogi Oduya v Tradewinds Aviation Services Limited [2021] KEELRC 1473 (KLR)[2021] KEELRC 1473 (KLR)11 Mar 2021followed
Cite this brief
#Cite this brief
Caselaw, "Richard Kibet Yegon v Agventure Ltd [2018] KEELRC 21 (KLR)", Case Analysis (2018). Cause No. 432 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/21/eng@2018-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.