Kudhehia Workers v Masinde Muliro University of Science and Technology [2018] KEELRC 1521 (KLR)
The bottom line
#Kenya's Employment Court upheld a university driver's dismissal because the disciplinary hearing was fair, union officials participated, and grounds for termination were valid.
What this practically means
#Executive summary
#Key legal issues
#Whether the procedure for the disciplinary hearing and termination was fair
The procedure complied with Section 41 of the Employment Act and the CBA; the Branch Secretary sent apologies and union officials sat on the committee
The minutes showed the Branch Secretary of KUDHEIHA Kakamega Branch sent apologies to the hearing, and union officials (shop steward, Secretary and Chairman) were members of the disciplinary committee that unanimously decided to terminate. The claimant did not deny that a disciplinary hearing was held in compliance with the CBA procedure, so the hearing satisfied both the statute and the CBA.
Whether there were valid grounds for termination
The disciplinary committee's findings of falsified work tickets, contradictory statements and unreported accidents were valid grounds, not denied by the claimant
The committee found altered work ticket entries, absence of gate records for vehicle KAT 129X between 28th and 31st July 2009, contradictions in the verbal statements of the grievant and Mr. Amakalu, and a deliberate attempt to falsify documents. The claimant did not deny these grounds, and the union officials on the committee were party to the unanimous decision, so they cannot complain.
Whether the grievant was entitled to reinstatement
Reinstatement unavailable because the termination was fair and the three-year window had lapsed
Reinstatement is a remedy available only to an employee whose termination was found unfair, and only within three years of termination. Having found the termination procedurally and substantively fair, the court held the grievant could not avail himself of the remedy; the entire claim therefore failed.
Legal principles established
#- For termination to be fair, the reason must be valid and the procedure fair, per Section 45(2) of the Employment Act
- A claimant cannot challenge the fairness of a hearing by relying on the absence of a union official who sent apologies and where union officials participated in the decision
Court orders
#- 1.The whole claim fails and the claim is dismissed
- 2.Each party will bear its own costs
- Jurisdiction invoked
- First-instance claim reported to the Minister for Labour under Section 62 of the Labour Relations Act
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.
- Oucho v Trees for the Future INC (Cause E007 of 2023) [2024] KEELRC 1354 (KLR)[2024] KEELRC 1354 (KLR)6 Jun 2024
Cite this brief
#Cite this brief
Caselaw, "Kudhehia Workers v Masinde Muliro University of Science and Technology [2018] KEELRC 1521 (KLR)", Case Analysis (2018). Cause No 850 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1521/eng@2018-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.