David Wangondu Muiruri v Mt. Kenya Bottlers Limited & another [2019] KEELRC 1144 (KLR)
The bottom line
#A Kenyan court ruled an employer's dismissal was fair despite the worker's later acquittal, awarding notice pay but rejecting malicious prosecution damages.
What this practically means
#Executive summary
#Key legal issues
#Fairness and validity of the summary dismissal
The dismissal was for just cause under Section 43 of the Employment Act and the Claimant was accorded a fair hearing under Section 41
The Claimant was found driving a vehicle carrying stolen fuel hidden in jerrycans, giving the employer reasonable grounds to dismiss him. He was suspended pending investigations, issued a show cause letter and taken through a disciplinary hearing on 11th December 2014 before dismissal. The court applied the range of reasonable responses standard urged by the 1st Respondent, and the subsequent acquittal did not retrospectively render the dismissal unjustified.
Malicious prosecution claim against the 2nd Respondent
The claim failed as the Claimant did not prove malice or lack of reasonable and probable cause
The four elements of malicious prosecution - institution by the defendant, termination in the plaintiff's favour, absence of reasonable and probable cause, and malice - must all unite to establish the cause of action. The prosecution followed the employer's report of suspected theft and the search of the vehicle the Claimant was driving, disclosing probable cause. No scheme to falsely implicate him was revealed.
Terminal dues payable
Entitled to 3 months' notice pay, 15 days' salary for January 2015 and one-day leave, with pension already paid
The 1st Respondent had acquiesced to commutation of the summary dismissal to normal termination, which carried a right to three months' notice pay of Kshs. 91,704/-, one-day leave earned but untaken in 2014, 15 days' salary for January 2015, and accrued pension. The pension had been paid, leaving the terminal dues uncollected by the Claimant.
Legal principles established
#- An employer who reduces a summary dismissal to normal termination must pay the corresponding notice pay and terminal dues
- Dismissal based on an employer's reasonable suspicion, following a disciplinary hearing, is justified under Section 43 of the Employment Act notwithstanding a subsequent acquittal
Court orders
#- 1.Judgment against the 1st Respondent for Kshs. 91,704/- being 3 months' notice pay
- 2.Judgment against the 1st Respondent for Kshs. 16,303/- being 15 days worked and one-day leave
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Employment and labour relations dispute before the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Wangondu Muiruri v Mt. Kenya Bottlers Limited & another [2019] KEELRC 1144 (KLR)", Case Analysis (2019). Cause No 56 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1144/eng@2019-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.