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ELRCDismissedCause No. 31 of 2018· [2018] KEELRC 1545 (KLR)

John Asere Okumu v National Cereals and Produce Board [2018] KEELRC 1545 (KLR)

Employment and Labour Relations Court of Kenya
29 June 2018
DMD. K. Njagi Marete
1,595 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court ruled the National Cereals and Produce Board fairly dismissed its clerk because it followed the required disciplinary process before terminating him.

What this practically means

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Executive summary

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The claimant, a weigh bridge clerk/stores clerk who worked for the respondent since 1996 at Kitale depot, sued for wrongful dismissal and unfair termination, alleging he was terminated on 4th October 2016 for alleged negligence without a hearing, condemned unheard, and that a court had exonerated him over the irregular sale of subsidized fertilizer. He claimed Kshs.1,421,586.20 comprising notice pay, annual leave, leave travelling allowance, overtime, refund of staff savings, refund of deductions and 12 months' compensation under section 49 of the Employment Act and Article 41 of the Constitution. The respondent denied the claim, asserting the claimant was implicated in irregular sale of government subsidized fertilizer, was suspended on 8th July 2016 to allow investigations, issued a show cause letter dated 25th July 2016, responded in writing, appeared before the Human Resource Advisory Committee on 13th September 2016, and appealed to an appeal board which affirmed termination on 21st and 22nd February 2017, all consistent with sections 41, 43, 44(4)(c) and 45 of the Employment Act. The court, determining the matter on written submissions, held the respondent had established lawful termination on a balance of probability and that the claimant was not entitled to any relief. The claim was dismissed with costs to the respondent on 29th June 2018.

Key legal issues

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01

Whether the termination of the claimant's employment was wrongful, unfair and unlawful

Holding

The termination was lawful; the claimant was taken through the disciplinary process under section 41 of the Employment Act, 2007

Reasoning

The court found the respondent's evidence, that the claimant was suspended on 8th July 2016 to pave way for investigations, issued a show cause letter dated 25th July 2016, responded in writing on 21st July 2016, appeared before the Human Resource Advisory Committee on 13th September 2016 and appealed before an appeal board which affirmed the termination on 21st and 22nd February 2017, established lawful termination on a balance of probability. The claimant filed submissions but the respondent filed none, yet its pleaded case sufficed.

p. 4
02

Whether the claimant is entitled to the relief sought

Holding

He is not; the heads of relief fail with the claim

Reasoning

All seven heads of relief — notice pay, annual leave, leave travelling allowance, overtime, staff savings refund, refund of deducted money and 12 months' compensation — were premised on the unfair termination claim, which the court rejected. Consequently none of the Kshs.1,421,586.20 claimed was payable.

p. 4

Legal principles established

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  • An employer who complies with the procedural and substantive requirements of sections 41, 43 and 45 of the Employment Act terminates employment lawfully

Court orders

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  1. 1.The claim is dismissed with costs to the respondent

Authorities

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Legislation

  • Constitution of KenyaArticle 41
  • Employment Act No. 11 of 2007section 49
  • Employment Act, 2007section 41(1) and (2)
  • Employment Act, 2007section 44 (4) (c)
  • Employment Act, 2007sections 43 and 45

Cases cited (1)

  • Mary Chemweno Kiptui v Kenya Pipeline Company Limited
    (2014) eKLR
Jurisdiction invoked
Employment and Labour Relations Court established under Article 162(2) of the Constitution; claim brought under Article 41 of the Constitution and sections 41, 43, 45 and 49 of the Employment Act, 2007

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, "John Asere Okumu v National Cereals and Produce Board [2018] KEELRC 1545 (KLR)", Case Analysis (2018). Cause No. 31 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1545/eng@2018-06-29

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