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ELRCDismissedNot stated in judgment· [2018] KEELRC 232 (KLR)

Joshua Onyango Okoth v Sony Sugar Company Limited [2018] KEELRC 232 (KLR)

Employment and Labour Relations Court
6 December 2018
MNMathews N. Nduma
884 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 an employee's dismissal because the employer proved both a valid reason and a fair disciplinary hearing before termination.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent from 4th March 1980 and last serving as an acting supervisor, sought compensation for unlawful and unfair termination of employment plus terminal benefits by a Statement of Claim dated 29th April 2015. The Respondent partly admitted the claim in its Memorandum of Reply. By a consent filed on 14th December 2016 and adopted as a court order, all claims for terminal benefits were settled, leaving only the declaration that the termination was unlawful and unfair and damages. The dispute proceeded by written submissions on that pending issue. The Claimant's case was that on 3rd February 2012 he was arrested by security guards on allegations of theft of welding rods, bolts and nuts found in his dust coat pocket, explaining he was supervising repairs and had gone to collect a newspaper; police investigations found him not culpable, but on returning to work he was interdicted, subjected to a disciplinary hearing on 16th and 18th April 2012, and terminated by letter of 30th April 2012. The Respondent's witness, a member of the disciplinary committee, testified that the Claimant was caught with company property at the gate, made a weak explanation, and the committee, after hearing two watchmen and noting he was represented by a union representative, found his explanation unsatisfactory. The court framed one issue: whether the termination was for a valid reason and in terms of a fair procedure. It found the Claimant was caught with company property, was subjected to a proper disciplinary hearing, and that the Respondent did not violate sections 41, 43 and 45 of the Employment Act, 2007. The claim for unlawful termination was dismissed, with each party bearing their own costs since the case was largely resolved by compromise.

Key legal issues

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01

Whether the Claimant's employment was terminated for a valid reason and in accordance with fair procedure

Holding

The termination was for a valid reason and followed a fair procedure; the claim was dismissed

Reasoning

The court analysed the evidence of both sides and was satisfied that the Claimant was caught with company property at the gate while knocking off from work. The Claimant was subjected to a proper disciplinary hearing, was represented by a union representative, and the disciplinary committee found his explanation unsatisfactory. The court held the Respondent complied with sections 41, 43 and 45 of the Employment Act, 2007.

p. 2

Legal principles established

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  • An employer terminates employment lawfully where it establishes a valid reason and conducts a fair disciplinary hearing in accordance with sections 41, 43 and 45 of the Employment Act, 2007

Court orders

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  1. 1.Declaration that the employment of the Claimant was terminated for a valid reason and that a fair procedure was followed
  2. 2.Dismissal of the claim for unlawful termination
  3. 3.Each party to bear their own costs of the suit

Authorities

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Legislation

  • Employment Actsections 41, 43 and 45
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (termination claims under sections 41, 43 and 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, "Joshua Onyango Okoth v Sony Sugar Company Limited [2018] KEELRC 232 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/232/eng@2018-12-06

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