Robert Macharia Kinyanjui v Gachege Tea Factory [2018] KEELRC 1533 (KLR)
The bottom line
#A Kenyan court ruled that an employee who skips his own disciplinary hearing cannot later claim his dismissal was unfair.
What this practically means
#Executive summary
#Key legal issues
#Fairness of the termination process
The termination was fair because the Respondent informed the Claimant of the allegation and invited him to a disciplinary hearing, which he declined to attend owing to the pending criminal case
The court found the Claimant was suspended on 10 August 2009 and invited to a disciplinary hearing. He admitted in cross-examination that he refused to attend because a criminal case was pending. The court held the Respondent had given him a fair chance to be heard and his own omission rendered his case untenable, defeating the claim of unfair termination under Section 45 of the Employment Act.
Status of employment - permanent vs fixed-term
Despite the Claimant's contention that he was on a 3-year contract, the contract letter showed he was a permanent employee
The Claimant argued he was on a three-year contract ending 21/8/2009, meaning termination was imminent. The court examined the contract letter and found it indicated permanent employment, rejecting the fixed-term argument, though this did not change the outcome given the failure to attend the disciplinary hearing.
Effect of discharge under Section 87(a) CPC on the employment claim
The Claimant's discharge under Section 87(a) of the Criminal Procedure Code did not establish acquittal or render the termination malicious
The court noted the criminal case (No. 123/2000) never proceeded to hearing and the Claimant was discharged under Section 87(a) CPC on 25/1/2011. The court accepted the Respondent's position that this was a discharge, not an acquittal, and this did not invalidate the disciplinary process or the termination for gross misconduct.
Legal principles established
#- An employee who is accorded an opportunity to be heard at a disciplinary hearing but voluntarily fails to attend cannot later complain of unfair termination for lack of a hearing
Court orders
#- 1.Dismissal of the Claimant's case for lack of merit
- 2.Retention of the Claimant's entitlement to what was payable per the termination letter: salary for days worked, 2 months salary in lieu of notice, pay in lieu of accrued leave on prorata basis and gratuity for years served
- 3.No order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 (suit for unfair termination and non-payment of dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Robert Macharia Kinyanjui v Gachege Tea Factory [2018] KEELRC 1533 (KLR)", Case Analysis (2018). Cause No. 1024 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1533/eng@2018-06-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.