Zeddy Cheronoh Sambu v National Oil Corporation of Kenya [2022] KEELRC 743 (KLR)
The bottom line
#Kenya's Employment Court confirmed that even probationary employees must be given a fair hearing before dismissal, awarding the worker Kshs.810,000.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was serving a probationary contract at termination
The Court found the Claimant was on probation at the date of termination
Section 2 of the Employment Act defines a probationary contract as one of not more than twelve months, in writing and expressly stating it is for a probationary period. Clause 7 of the appointment letter placed the Claimant on probation for the first six months. She was terminated after serving four months and 11 days, within the probationary period.
Whether there was substantive justification for termination
The Respondent had a justifiable reason to terminate the Claimant for giving false information about her previous salary
The Claimant admitted on cross-examination that she gave an estimate of Kshs.385,000/- when her gross salary at KENGEN was Kshs.328,748/-. The April payslip she relied on included a one-off leave allowance. The reference check confirmed the true figure, and even without interview minutes, the evidence established she gave false information.
Whether the termination was procedurally fair
The termination was procedurally flawed because the Respondent did not accord the Claimant a hearing under Section 41 nor comply with the contractual notice provision
Following Monica Munira Kibuchi, Section 42(1) was declared null and void to the extent it excluded probationary employees from Section 41 safeguards. The Respondent was therefore obliged to afford the Claimant a hearing. Further, paragraph 1.8 of the Employee Handbook and Clause 7 of the appointment letter required one month's notice or pay in lieu, which was not given, breaching the contract.
Appropriate remedies
Declaration of unfair termination, one month's pay in lieu of notice and one month's salary as compensation; reinstatement declined
Reinstatement is discretionary and unavailable after the lapse of time under Section 12(3)(vii) of the ELRC Act. The Claimant was entitled to one month's notice pay. For compensation under Section 49(1)(c), the Court considered the short length of service (four months) and the Claimant's contribution to the termination through false information, awarding the equivalent of one month's salary.
Legal principles established
#- Section 42(1) of the Employment Act, having been declared null and void to the extent it excluded probationary employees from Section 41, an employer terminating a probationary contract is bound to follow the procedural requirements of Section 41
- Breach of the contractual notice provision in a probationary contract is remediable by contractual damages, not statutory compensation
Court orders
#- 1.A declaration that the Claimant suffered unfair and unlawful dismissal by the Respondent
- 2.Judgment for the Claimant against the Respondent for the sum of Kshs.810,000/- comprising one month's salary in lieu of notice (Kshs.405,000/-) and one month's salary as compensation under Section 49(1)(c) of the Employment Act (Kshs.405,000/-)
- 3.Interest at Court rates from the date of judgment till payment in full
- 4.Costs of the suit to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court Act, Article 162(2) of the Constitution
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.
- Agingu v Advtech Kenya Limited t/a Crawford International School & another (Cause 604 of 2019) [2025] KEELRC 2762 (KLR)[2025] KEELRC 2762 (KLR)9 Oct 2025followed
- Omudeck v Oshwal Education and Relief Board (Cause 1958 of 2017) [2022] KEELRC 1415 (KLR)[2022] KEELRC 1415 (KLR)16 May 2022applied
Cite this brief
#Cite this brief
Caselaw, "Zeddy Cheronoh Sambu v National Oil Corporation of Kenya [2022] KEELRC 743 (KLR)", Case Analysis (2022). Cause 2347 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/743/eng@2022-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.