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ELRCDismissedNot stated in the judgment· [2020] KEELRC 1306 (KLR)

Titus Sila Muli v Wilham (K) Limited [2020] KEELRC 1306 (KLR)

Employment and Labour Relations Court
9 April 2020
BOByram Ongaya
1,122 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed an IT Assistant's unfair termination claim because his employer followed proper disciplinary procedure and had a valid reason for dismissal.

What this practically means

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Executive summary

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The claimant, employed by the respondent as an IT Assistant from 01.05.2010 and summarily dismissed on 25.02.2015 while on a two-year contract, sued for a declaration that his termination was unlawful, reinstatement, damages, costs and interest. His claim arose from the disappearance of four irrigation cards from the respondent's server room in January 2015, for which he was suspended, issued a show-cause notice, subjected to a disciplinary hearing and ultimately dismissed. The respondent admitted the employment and termination but contended the claimant had custody of the cards and failed to account for them, and asked for dismissal with costs. The Court found no dispute about the contract or the termination, which was on grounds of failure to take proper care of company property leading to the loss of the irrigation cards. On procedure, the Court held the claimant was given a show-cause letter, replied, and attended the disciplinary hearing with a colleague of his choice, satisfying section 41 of the Employment Act, 2007. On substance, the Court held the claimant's own reply confirmed custody of the cards and failed to show the steps he took to secure them, and that alleged extraneous reasons were neither pleaded nor proved; the reasons for termination were therefore valid under sections 43 and 45. The termination was held fair both procedurally and on the merits, and the claim was dismissed. Noting the respondent's failure to provide the record of the disciplinary hearing, the Court ordered each party to bear its own costs. Judgment was delivered at Nairobi on 9 April 2020.

Key legal issues

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01

Procedural fairness under section 41 of the Employment Act

Holding

The claimant was accorded due process

Reasoning

The evidence showed the claimant received a show-cause letter, replied to it, and attended the disciplinary hearing accompanied by a colleague of his choice. These steps satisfied the notice and hearing requirements of section 41, so the procedure followed was fair despite the respondent's failure to provide the minutes, which was considered only on costs.

p. 2
02

Validity of the reason for termination under sections 43 and 45

Holding

The reasons for termination were valid and genuine

Reasoning

The claimant, in his reply to the show-cause notice, admitted receipt and custody of the irrigation cards and did not explain the steps he took to secure them or prevent their sale as computer scrap. It was not his case that securing the cards was not his duty. He also failed to plead or prove particulars of alleged extraneous reasons, so the termination was substantively fair.

p. 2

Legal principles established

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  • An employee alleging extraneous reasons for termination must plead and prove the particulars of those reasons
  • Due process under section 41 is satisfied where the employee is given a show-cause notice, replies, and attends a disciplinary hearing with a colleague of choice

Court orders

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  1. 1.Judgment entered for the respondent against the claimant
  2. 2.The suit dismissed
  3. 3.Each party to bear own costs of the suit

Authorities

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Legislation

  • Employment Act, 2007section 41
  • Employment Act, 2007section 43
  • Employment Act, 2007section 45
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance claim under sections 41, 43 and 45)

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, "Titus Sila Muli v Wilham (K) Limited [2020] KEELRC 1306 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1306/eng@2020-04-09

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