Joseph Naftaly Macharia Karumba & 2 others v National Bank of Kenya Limited [2019] KEELRC 1296 (KLR)

The court found it uncontested that no notices summoning the Claimants to disciplinary hearings were issued as required by Section 41. The Respondent relied only on reports and recommendations from its Security Investigations and HR managers. The meeting of 6th September 2013 was merely an interrogation conducted more than six months after the triggering incident, with no charges, minutes, or opportunity to present a defence.

Each Claimant denied the accusations against them and was not given an opportunity to be heard. Because Section 41 requires a hearing before dismissal, the court held that the Respondent could not prove a valid reason for termination in the absence of such a hearing, rendering the termination unfair within Sections 43 and 45.

Having found unfair termination, the court exercised its discretion under Section 49, taking into account each Claimant's long service and the anguish suffered during the period of hostile treatment before termination. Joseph received 10 months' gross salary and Sylvester and Jimmy 12 months' each. Claims for periods not worked were rejected as unjust enrichment, and reinstatement was refused as the three-year period had lapsed.