Mariita v Leading Locks & Access System (Cause 2407 of 2017) [2022] KEELRC 1194 (KLR)
The bottom line
#A Kenyan court ruled that even when an employer has good reason to fire a worker, skipping the hearing and notice steps makes the dismissal illegal.
What this practically means
#Executive summary
#Key legal issues
#Whether there was a termination of the Claimant's employment
The court found the Respondent terminated the Claimant's employment, rejecting the assertion of desertion
The Respondent alleged the Claimant absconded duty, but produced no letters or materials to substantiate the entry on the muster roll, nor evidence of follow-ups or attempts to reach the Claimant. Since such evidence would only have been in the Respondent's possession, the court inferred that the Respondent itself terminated the employment.
Whether the termination was substantively justified
Yes - the Respondent had valid reason given the Claimant's disciplinary issues and damage to the Respondent's vehicle
Previous warning letters from 2010 and 2013 and a letter of apology were produced. The totality of the Respondent's testimony showed the Claimant had definite disciplinary issues, and he caused damage to the Respondent's vehicle which incurred repair costs. The Respondent had valid reason to terminate him.
Whether the termination was procedurally fair
No - the Respondent failed the fairness test under section 41 of the Employment Act
No notice to show cause was given, no disciplinary hearing was convened, no minutes produced and no reasons communicated to the employee before termination. Section 41 requires the employer to explain the reasons and allow the employee representation. Substantive justification alone cannot salvage a procedurally unfair termination.
Legal principles established
#- An employer alleging desertion must show efforts made to reach the employee and that termination on that ground was under consideration
- For a termination to pass the fairness test there must be both substantive justification and procedural fairness
- In the absence of evidence of desertion, an assertion of termination by operation of law fails and the court may find the employer terminated the employment
Court orders
#- 1.Declaration that the Claimant's termination from employment was unlawful and unfair
- 2.One month salary in lieu of notice of Kshs 25,000/-
- 3.Compensation of two months' salary, being Kshs 50,000/-
- 4.Each party to bear their own costs
- 5.Claimant to be issued a Certificate of Service within 7 days from the date of judgment
- 6.Total award of Kshs 75,000/- plus interest at Court rates from date of Judgment till full payment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance employment claim)
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.
- Rupa Mills Limited v Hillary Kaverenge Chogo[2026] KEELRC 2719 (KLR)1 Oct 2026distinguished
Cite this brief
#Cite this brief
Caselaw, "Mariita v Leading Locks & Access System (Cause 2407 of 2017) [2022] KEELRC 1194 (KLR)", Case Analysis (2022). Cause not stated on the face of the judgment (Claimant's statement of claim dated 30th November 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1194/eng@2022-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.