Irungu v Primefuels Kenya Limited (Cause 657 of 2016) [2022] KEELRC 44 (KLR)
The bottom line
#A Kenyan court ruled that employees automatically become permanent once probation ends, and firing them without notice or a hearing is unfair.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant remained a probationary employee at termination
The Claimant was deemed confirmed by operation of law as he worked beyond probation without written extension, so Section 45(3) did not bar his claim
The court held that confirmation upon expiry of probation is automatic unless the employer extends probation in writing for just cause. Relying on Catherine Kathina Kelly and Patrick Korir Rotich, it found no confirmation letter or lawful extension existed, so the Claimant converted to a permanent employee by operation of law. Consequently, the probationary exemptions in Section 42 and the 13-month threshold in Section 45(3) did not apply, and the authorities cited by the Respondent were inapplicable.
Whether the termination was procedurally fair
The termination was unfair as it disregarded Section 41 of the Employment Act; the Claimant was entitled to notice and a hearing
The court found the Respondent dismissed the Claimant to appease its workers engaged in a go-slow, without hearing him. A termination carried out without notice and without affording the employee an opportunity to be heard offends Section 41. The court characterised the Respondent's conduct as sacrificing the Claimant rather than confronting the staff who had threatened him, rendering the dismissal unfair.
Quantum of compensation for unfair termination
Given the Claimant's short service, 2 months' salary as compensation plus one month's notice pay was adequate
While the Claimant sought 12 months' compensation under Section 49, the court noted he had not worked long enough to merit the full range of compensation. Considering his relatively short tenure, it awarded the equivalent of 2 months' gross salary (Kshs. 360,000/-) and one month's salary in lieu of notice (Kshs. 180,000/-), with interest and costs.
The counterclaim for the Dell laptop
The counterclaim failed as the laptop was returned in August 2016
The Respondent counterclaimed Kshs. 60,000/- for an unreturned Dell laptop. The court found the Claimant had returned the laptop in August 2016 and that the Respondent failed to prove its counterclaim, which was accordingly dismissed without orders as to costs.
Legal principles established
#- Confirmation of an employee upon expiry of probation is an operation of law; probation may only be extended in writing for just cause
- An employee who works beyond the probationary period without formal extension is deemed confirmed and Section 45(3) of the Employment Act does not apply
- Dismissal without regard to Section 41 of the Employment Act (notice and hearing) is unfair
Court orders
#- 1.Compensation for 2 months – Kshs. 360,000/-
- 2.Notice Kshs. 180,000/-
- 3.Costs of the suit
- 4.Interest on (i) and (ii) above at court rates from date of judgment till payment in full
- 5.Counterclaim dismissed with no orders as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unfair and unlawful termination of employment under the Employment Act, 2007 (Sections 41, 42, 43, 45, 49 and 51)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Elisha Ogolla Ogutu v International Fertilizer Development Center[2026] KEELRC 2762 (KLR)7 Oct 2026
Cite this brief
#Cite this brief
Caselaw, "Irungu v Primefuels Kenya Limited (Cause 657 of 2016) [2022] KEELRC 44 (KLR)", Case Analysis (2022). Cause No 657 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/44/eng@2022-04-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.