Henry Kinyiha Kamami v Star Brilliant (EPZ) K Limited [2021] KEELRC 1774 (KLR)
The bottom line
#A Kenyan court awarded an employee Kshs.280,000 after an employer dismissed him without notice or a hearing, skipping steps the law requires.
What this practically means
#Executive summary
#Key legal issues
#Existence of an employment relationship in an undefended claim
The Claimant proved the employment relationship through the employment contract, payslip and termination letter
In an undefended claim, the claimant bears the burden of establishing all facts including the employment relationship. The Claimant produced a contract dated 16 October 2016, a payslip for October 2016 and a termination letter dated 8 November 2016, all issued by the Respondent, which the Court found sufficient proof of employment as Purchasing Manager (Stores) at Kshs.70,000 monthly.
Whether the termination was wrongful, unfair and unlawful
Yes - the termination lacked procedural fairness under Section 41 and there was no evidence of valid justification
The Claimant was neither given a hearing before a disciplinary committee nor issued notice prior to termination. The Respondent filed no defence and tendered no evidence of any disciplinary process. Relying on the requirement of both substantive justification and procedural fairness, the Court held the dismissal unfair and unlawful as it violated the mandatory provisions of Section 41 of the Employment Act.
Entitlement to reliefs
Two months' notice pay and two months' salary as compensation awarded; leave refused for insufficient service
The contract provided for two months' notice, so notice pay of Kshs.140,000 was awarded as prayed. Considering the short length of service and that the Claimant did not contribute to the termination, two months' salary (Kshs.140,000) was awarded as compensation for unfair termination. Leave was refused because Section 28 of the Employment Act requires a minimum of two months' service for annual leave to accrue.
Legal principles established
#- For a termination to be fair there must be both substantive justification and procedural fairness
- In an undefended claim the claimant must establish all the facts, including the existence of an employment relationship, before proving unfair termination
- Hearing and notification are mandatory requirements under Section 41 of the Employment Act before termination
Court orders
#- 1.Declaration that the Claimant's termination was unlawful
- 2.2 months' salary in lieu of notice of Kshs.140,000.00
- 3.Compensation for unlawful termination of Kshs.140,000.00 (total award Kshs.280,000.00)
- 4.Costs and interest at Court rates from the date of Judgment until settlement in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (Sections 28, 41, 43 and 45 invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mweni v Child Welfare Society of Kenya (Appeal E040 of 2024) [2024] KEELRC 2301 (KLR)[2024] KEELRC 2301 (KLR)26 Sept 2024
- Pius Sitati Mabaku v Devyani Food Industries Kenya Limited (Formerly Sameer Agriculture and Livestock Limited) [2022] KEELRC 983 (KLR)[2022] KEELRC 983 (KLR)26 Jan 2022followed
Cite this brief
#Cite this brief
Caselaw, "Henry Kinyiha Kamami v Star Brilliant (EPZ) K Limited [2021] KEELRC 1774 (KLR)", Case Analysis (2021). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1774/eng@2021-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.