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ELRCPartially AllowedNot stated in judgment (originally a High Court suit transferred to the Employment and Labour Relations Court on 14th October 2015; Criminal Case No. 2214 of 2002 - Nairobi referenced)· [2018] KEELRC 220 (KLR)

Daniel Mungai Karanja v Attorney General & another [2018] KEELRC 220 (KLR)

Employment and Labour Relations Court
13 December 2018
3,912 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kenyan bank clerk wrongly fired and falsely prosecuted won compensation, because his employer gave no reasons or hearing and police failed to investigate.

What this practically means

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Executive summary

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The Claimant, a Tick Back Clerk employed by the 2nd Respondent bank for nine years, was summarily dismissed on 2nd August 2002 after suspected fraudulent vouchers for USD 120,120 were discovered. He was arrested, detained for nine days in an office and a week at Kileleshwa Police Station, charged with four counts of fraudulent false accounting and stealing, remanded, and later acquitted under section 210 of the Criminal Procedure Code on 11th April 2004. He sued for damages for wrongful dismissal, malicious prosecution, illegal detention, defamation, loss of future earnings and terminal benefits. The defamation claim had earlier been struck out by a Ruling of 1st April 2016. The court found the dismissal letter did not set out reasons and that the Claimant was not accorded any fair hearing under the rules of natural justice or the Collective Bargaining Agreement, rendering the termination unfair and unjustified. It also found that the Claimant, whose job was merely to check posted entries and who was not the originator of the fraudulent documents, had nothing stolen or fraudulently accounted, and that the police acted maliciously in charging him. However, applying Catherine Wanjiku Kariuki vs Attorney General & Another, the court held the 2nd Respondent, as a mere complainant, was not to blame for the prosecution. The court awarded one month's salary in lieu of notice and eight months' salary as compensation for unlawful termination, payable by the 2nd Respondent, which was also ordered to issue a certificate of service; and special damages of Kshs. 200,000 and general damages of Kshs. 3 million for malicious prosecution, detention and psychological anguish, payable by the 1st Respondent. The Respondents were ordered to bear the costs of the suit with interest at court rates from the date of judgment.

Key legal issues

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01

Whether the summary dismissal of the Claimant was unfair

Holding

The termination was unfair and unjustified because the dismissal letter did not set out reasons and the Claimant was not accorded a fair hearing under the rules of natural justice or the CBA

Reasoning

The court found the letter terminating the Claimant's services did not set out reasons for the summary dismissal, making it impossible to place the dismissal within lawful grounds. There was also no indication the Claimant was accorded any fair hearing according to rules of natural justice or the Collective Bargaining Agreement between the Respondent and the Claimant's union. The court therefore found the termination unfair and unjustified and awarded compensation of eight months' salary plus one month's salary in lieu of notice.

p. 6
02

Whether the Claimant was maliciously prosecuted and illegally detained

Holding

The court found the Claimant was maliciously charged and detained by the police, but the 2nd Respondent, which only reported the matter, was not liable for the prosecution

Reasoning

The court found the Claimant, a Tick Back Clerk whose work was merely to check posted entries, was not the originator of the fraudulent documents and thus had committed no offence. Acquittal under section 210 of the Criminal Procedure Code followed because no evidence was adduced. The court held the police acted maliciously in charging him. However, applying Catherine Wanjiku Kariuki, the 2nd Respondent as complainant was not to blame for the police's decision to charge. Damages were split between the two Respondents accordingly.

p. 6
03

Whether the 2nd Respondent was liable for the prosecution and detention despite having reported the suspected fraud

Holding

The 2nd Respondent was not liable for the prosecution because the police had a duty to independently investigate and reach their own conclusions

Reasoning

Relying on Catherine Wanjiku Kariuki vs Attorney General & Another, the court held that once a report is made to the police, the police must independently investigate and arrive at their own conclusions; the complainant's role thereafter is only that of a witness. The court therefore apportioned liability, holding the 2nd Respondent liable only for the unfair termination while the 1st Respondent bore liability for the malicious prosecution and detention.

p. 6

Legal principles established

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  • A complainant who merely reports suspected crime to the police bears no liability for the prosecution that follows, as the police must independently investigate and decide whether to charge
  • A termination letter that does not set out reasons and is not preceded by a fair hearing renders the dismissal unfair and unjustified
  • Where an accused is a mere checker of posted documents and not the originator of fraudulent documents, charging him without evidence amounts to malicious prosecution by the police

Court orders

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  1. 1.1 month salary in lieu of notice of Kshs. 53,000/= to be paid by the 2nd Respondent
  2. 2.8 months' salary as compensation for unlawful termination (8 x 53,000 = Kshs. 424,000/=) to be paid by the 2nd Respondent
  3. 3.Special damages of Kshs. 200,000/= paid to the Claimant's counsel during the criminal hearing to be paid by the 1st Respondent
  4. 4.General damages of Kshs. 3,000,000/= for malicious prosecution and detention, mental and psychological anguish to be paid by the 1st Respondent
  5. 5.The 2nd Respondent to issue the Claimant with a certificate of service
  6. 6.The Respondents to bear costs of the suit with interest at Court rates from the date of judgment
Jurisdiction invoked
Matter transferred from the High Court to the Employment and Labour Relations Court on 14th October 2015

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, "Daniel Mungai Karanja v Attorney General & another [2018] KEELRC 220 (KLR)", Case Analysis (2018). Not stated in judgment (originally a High Court suit transferred to the Employment and Labour Relations Court on 14th October 2015; Criminal Case No. 2214 of 2002 - Nairobi referenced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/220/eng@2018-12-13

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