Samuel Kyulu Ndunda v Delmonte (K) Limited [2018] KEELRC 476 (KLR)
The bottom line
#A Kenyan court upheld an employee's dismissal over fuel theft, ruling the employer's genuine belief in misconduct plus a fair process made it lawful.
What this practically means
#Executive summary
#Key legal issues
#Substantive justification for termination under Section 43 of the Employment Act
The Respondent genuinely believed the Claimant had siphoned fuel, and the Claimant's explanation did not add up; the employer discharged its burden under Section 43
Section 43(2) provides that the reason for termination is what the employer genuinely believed to exist at the time. The Claimant claimed he bought fuel for a colleague with his own money while using the employer's motorbike, leaving his workplace to fetch it. The court found this account implausible. The apprehension that he had siphoned fuel was therefore not misplaced, satisfying the substantive justification requirement.
Procedural fairness under Section 41 of the Employment Act
The Claimant was given the statutory safeguards - he was issued a show cause letter and taken through a disciplinary hearing where he was represented by a shopsteward
The Respondent's witness testified that the Claimant was issued with a show cause letter, was taken through a disciplinary hearing where he was represented by a shopsteward, before summary dismissal. The court accepted this account and found that the process undertaken accorded the Claimant the safeguards required by law, so the dismissal was procedurally fair despite the Claimant's allegation of coercion.
Legal principles established
#- The reason for termination is the matters that the employer at the time of termination genuinely believed to exist, per Section 43(2) of the Employment Act
- Where an employee's conduct provides genuine grounds for dismissal under Section 44 and the statutory safeguards were observed, the dismissal is lawful and fair
Court orders
#- 1.The suit is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; claim for unfair termination under Section 45)
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.
- Onchwati v Karen Blixen Coffee Garden & Cottages Limited (Cause 185 of 2019) [2025] KEELRC 2530 (KLR)[2025] KEELRC 2530 (KLR)26 Sept 2025
Cite this brief
#Cite this brief
Caselaw, "Samuel Kyulu Ndunda v Delmonte (K) Limited [2018] KEELRC 476 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/476/eng@2018-12-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.