Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedCause No. 261 of 2017· [2020] KEELRC 1913 (KLR)

Henry Cheruiyot Kosgey v Farmers Choice Limited [2020] KEELRC 1913 (KLR)

Employment and Labour Relations Court
23 October 2020
997 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

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

#
The claimant, employed by the respondent from October 1992 and last serving as a foreman in the weaners section, was summarily dismissed on 26th June 2012 on allegations of stealing 50 kilograms of pig feed from weaner house number 9. He challenged the dismissal as unfair and malicious, contending that no show cause letter was issued, no investigations were conducted and no disciplinary hearing was convened. He also relied on his acquittal in Eldoret Criminal Case No. 2756 of 2012. The respondent maintained that the claimant was caught by security officers carrying the stolen feed, was questioned, reported to police and prosecuted; that a disciplinary hearing took place on the same day (though undocumented); and that all terminal dues, provident fund, pro-rata salary and leave pay were settled, with a certificate of service issued. The court held that the burden of proving reasons for termination lies on the employer, but that valid reasons existed here. It further held that an acquittal on criminal charges does not bar dismissal on the same facts because the criminal standard of proof is higher than the balance of probabilities applicable in employment disputes. Critically, the court held that where an employee is caught in the act of gross misconduct by a person in authority and handed over to competent authorities, a show cause letter and formal hearing may be unnecessary. The claim for terminal dues also failed, the court finding payment was made. The suit was dismissed with costs to the respondent.

Key legal issues

#
01

Validity of reasons for termination

Holding

Valid reasons existed - theft of employer's property reported to police

Reasoning

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.

p. 2
02

Procedural fairness absent show cause and disciplinary hearing

Holding

Termination not unfair despite no formal process

Reasoning

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.

p. 2
03

Effect of criminal acquittal on employment termination

Holding

Acquittal does not preclude dismissal on the same facts

Reasoning

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.

p. 2
04

Terminal dues and leave

Holding

Claimant was paid his dues and issued a certificate of service

Reasoning

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.

p. 2

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. 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.