Kenya Union of Commercial, Food & Allied Workers v Kitui Water & Sanitation Co. Ltd [2019] KEELRC 1545 (KLR)
The bottom line
#A Kenyan water company's dismissal of an employee for misconduct was upheld because it gave valid reasons and fair hearing opportunities he ignored.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for termination
The Respondent had valid reasons - gross misconduct including unauthorized business dealings, receiving money from clients, illegal connections and absenteeism
The Grievant had been reprimanded from 2013, admitted opening a shop selling fittings, received money from clients contrary to his contract, and absented himself from his new station without approval. Repeated complaints from customers and his failure to report to the transferred station constituted valid grounds for termination under Section 45 of the Employment Act.
Procedural fairness under Section 41 of the Employment Act
The Respondent followed proper procedure; the Grievant was issued notices to show cause and several invitations to disciplinary hearings which he snubbed without apology
The Grievant was issued a show cause letter on 15th September 2015 and invited repeatedly to the staff advisory committee and HR Board Committee. His failure to attend without apology was his own doing; he eventually appeared before the Board, was heard, and his explanations were found unsatisfactory. The court accepted the Respondent's account that he signed the delivery book, though the book was not availed.
Salary reduction and fresh contract of employment
The Grievant was employed afresh by the Respondent under a new contract dated 4th December 2012 after an interview; the terms he cited were those of his former employer
The Grievant testified that he was interviewed and signed a fresh contract upon joining the Respondent. The Respondent submitted that it was not a transfer but a new job, and the Grievant accepted the new terms, including the reduced salary. The court accepted this position.
Claim for motorcycle mileage
The claim of Kshs. 144,000/- failed for want of proof and authorization
The Grievant conceded there was no written agreement for use of his motorcycle; the Respondent denied authorizing its use or any mileage claim, and no documentary evidence was produced to substantiate the claim.
Legal principles established
#- An employer who has valid reasons for termination and affords the employee notice and opportunity to be heard satisfies Sections 41 and 45 of the Employment Act
- A party who alleges a claim (such as mileage expenses) must prove it with evidence
Court orders
#- 1.The Grievant's claim is dismissed with costs to the Respondent
- Jurisdiction invoked
- Original employment and labour relations jurisdiction (Employment and Labour Relations Court); not expressly stated by constitutional provision in the judgment as provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial, Food & Allied Workers v Kitui Water & Sanitation Co. Ltd [2019] KEELRC 1545 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1545/eng@2019-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.