Titus Githinji Nderitu v Consolidated Bank of Kenya Limited [2022] KEELRC 657 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was still on probation at the time of termination
The Claimant was no longer on probation by 4th January 2017 and became a permanent employee by operation of law, the probation having exceeded the statutory maximum without his consent
The Employment Act defines a probationary contract as one of not more than twelve months, and section 42(2) caps probation at six months extendable only by a further six months with the employee's agreement. The Claimant was kept on probation from January 2016 to April 2017 with no evidence of consent to the extensions. Repeated unilateral extensions amounted to unfair labour practice, and by operation of law he was confirmed after twelve months.
Whether the termination was substantively and procedurally fair
The termination was unfair: the Respondent neither proved a valid reason through due process nor accorded the Claimant a hearing before termination
Sections 45 and 41 of the Employment Act require the employer to prove a valid and fair reason and to explain the reasons for termination to the employee in the presence of another employee or union representative. The Claimant received a termination letter on 5th April 2017 effective the next day, with no notice to show cause or opportunity to respond to the poor-performance allegation, failing both the substantive and procedural fairness test.
What remedies the Claimant is entitled to
Four months' salary equivalent (Kshs.540,000/=) with interest, plus costs, the award also covering damages for unfair labour practices
In exercising discretion on compensation the court took into account the Claimant's short service of one year and three months. The awarded compensation was treated as sufficient to also cover the pleaded damages for unfair labour practices, with interest at court rates from the date of judgment until final payment and costs following the event.
Legal principles established
#- A probationary period under the Employment Act may not exceed an aggregate of twelve months, and extension of probation beyond six months requires the employee's consent; without consent the employee is confirmed by operation of law
- Termination of employment must satisfy both substantive justification and fair procedure, including giving the employee an opportunity to be heard in the presence of a representative of choice
Court orders
#- 1.Judgment entered in favour of the Claimant for unfair termination
- 2.Award of 4 months' equivalent salary totalling Kshs.540,000/= with interest at court rates from the date of judgment until final payment, the award being regarded sufficient to also cover damages for unfair labour practices
- 3.Claimant awarded costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (court established under Article 162(2) of the Constitution; specific provision not stated in the judgment)
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.
- Kamtix Cleaners Limited v Odhiambo (Employment and Labour Relations Appeal E219 of 2024) [2025] KEELRC 2475 (KLR)[2025] KEELRC 2475 (KLR)18 Sept 2025
- Adipo v Self Help Africa (Cause E019 of 2024) [2025] KEELRC 1155 (KLR)[2025] KEELRC 1155 (KLR)24 Apr 2025
Cite this brief
#Cite this brief
Caselaw, "Titus Githinji Nderitu v Consolidated Bank of Kenya Limited [2022] KEELRC 657 (KLR)", Case Analysis (2022). Cause No. 909 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/657/eng@2022-02-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.