Henry Cheruiyot Kosgey v Farmers Choice Limited [2020] KEELRC 1913 (KLR)
The bottom line
#Kenya's Employment Court upheld a worker's summary dismissal for theft, ruling a formal disciplinary hearing isn't always required when misconduct is caught in the act.
What this practically means
#Executive summary
#Key legal issues
#Validity of reasons for termination
Valid reasons existed - theft of employer's property reported to police
The claimant was caught by security carrying a 50kg bag of pig feed, the complaint was escalated to police who investigated and prosecuted him. The court accepted that the reasons the employer genuinely believed existed at the time justified summary dismissal for gross misconduct.
Procedural fairness absent show cause and disciplinary hearing
Termination not unfair despite no formal process
The court held that not every termination requires a formal hearing. Where an employee is found in the act of gross misconduct by a person in authority, questioned before witnesses and handed to competent authorities, a formal process would merely be going through the motions on facts already known to the employee.
Effect of criminal acquittal on employment termination
Acquittal does not preclude dismissal on the same facts
The standard of proof in criminal cases (beyond reasonable doubt) is higher than the balance of probabilities applicable in civil/employment cases, so an acquittal does not prevent an employer from terminating on the same facts.
Terminal dues and leave
Claimant was paid his dues and issued a certificate of service
The respondent's evidence showed payment of terminal dues, provident fund, pro-rata salary for June and leave pay in lieu, captured in the June payslip. The claimant denied signing but produced no contrary evidence.
Legal principles established
#- The burden of proving reasons for termination of employment lies on the employer, judged by what the employer genuinely believed at the time of termination
- An acquittal in criminal proceedings does not bar termination of employment on the same facts, as the standards of proof differ
- Where an employee is caught in the act of gross misconduct by a person in authority and handed over to the authorities, a show cause letter and formal disciplinary hearing may be unnecessary
Court orders
#- 1.The claim is dismissed with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Cause No. 261 of 2017, ELRC at Eldoret)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Henry Cheruiyot Kosgey v Farmers Choice Limited [2020] KEELRC 1913 (KLR)", Case Analysis (2020). Cause No. 261 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1913/eng@2020-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.