Fredrick S. Wesonga Adieri v Kenya Revenue Authority [2020] KEELRC 792 (KLR)
The bottom line
#Kenya Revenue Authority was ordered to pay a former employee over Kshs. 2.3 million because it took six years to discipline him without solid evidence.
What this practically means
#Executive summary
#Key legal issues
#Validity of reasons for termination
No valid reason established
The termination letter alleged the Claimant was on duty when 12 containers left the Port irregularly, based on circumstantial evidence. On cross-examination the Respondent's Assistant Human Resource Manager lacked particulars of the containers, could not tell when they left the Port, and did not know gate rules. No investigation report or disciplinary minutes were exhibited. Oral evidence therefore failed to establish valid grounds for termination under Section 43.
Procedural fairness of the disciplinary process
Procedure fell below the fairness threshold of Sections 41 and 45
The Claimant was interdicted in March 2012, heard four years later in January 2016, and only learned the decision two further years later in August 2018. The Respondent's own Human Resource Manual clause 8.2.7 required interdiction cases to be determined within 6 months. The prolonged delay, absence of minutes recording the delayed hearing, and non-supply of incriminating reports constituted a fundamental procedural flaw.
Remedy of reinstatement
Reinstatement refused despite unfair termination
Though a strong case for reinstatement existed given the unfairness and the Claimant's clean record and long service, he remained an accused in an ongoing criminal trial over the container fraud. The Court reasoned it could not reinstate a person who might be convicted, making reinstatement neither reasonable, effective nor practicable. Compensatory remedies were granted instead.
Compensation for unfair termination
Equivalent of 10 months' salary awarded
The Claimant had served about 12 years with a clean record, was in his 30s and had a reasonable expectation of serving another 23 years with a public body. Taking his gross monthly salary of Kshs. 181,000, the Court awarded 10 months' salary as compensation for the unfair termination, Kshs. 1,810,000, in addition to conceded notice pay.
Legal principles established
#- An employer must establish both valid reasons and a fair procedure to justify termination under Sections 41, 43 and 45 of the Employment Act
- Where an employer's own code requires interdiction cases to be determined within 6 months, inordinate delay in hearing and deciding disciplinary proceedings renders the process unfair
- An employer bearing the burden of justifying termination must avail investigation reports and disciplinary minutes; failure to do so defeats the claimed justification
- Reinstatement will be denied where the employee is still an accused in an unfinished criminal trial
Court orders
#- 1.It is declared termination was unfair
- 2.The Respondent shall pay to the Claimant equivalent of 10 months' salary in compensation and 3 months' salary in notice, totaled at Kshs. 2,353,000
- 3.Certificate of Service to issue
- 4.Costs to the Claimant
- Jurisdiction invoked
- Original employment and labour relations jurisdiction under the Employment Act 2007 (Sections 41, 43 and 45); E&LRC (Procedure) Rules 2016 Rule 38
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick S. Wesonga Adieri v Kenya Revenue Authority [2020] KEELRC 792 (KLR)", Case Analysis (2020). Cause No 506 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/792/eng@2020-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.