Cheboror v Libya Oil Kenya Limited (Cause 81 of 2016) [2022] KEELRC 1391 (KLR)
The bottom line
#Kenya's Employment Court upheld an oil company's summary dismissal of a supervisor, ruling the employer had valid reasons and followed a fair disciplinary process.
What this practically means
#Executive summary
#Key legal issues
#Whether the employer had a valid and fair reason to summarily dismiss the claimant
Yes - the employer proved on a balance of probabilities that the claimant wilfully neglected and carelessly performed his duties as Dispatch Supervisor, attracting section 44(4)(c) of the Employment Act.
The claimant's own admissions on cross-examination showed failures in verification duties: he never requested verification emails, noticed password misuse without reporting it, handled a fake stock movement record dated August 6, 2014 whose KRA gate pass did not match, and admitted errors of omission in checking the KRA stamp. Guided by section 43(2), the court found the employer genuinely believed the claimant was guilty of gross misconduct as itemised in the dismissal letter.
Whether the procedure adopted by the employer was fair under section 41
Yes - the respondent substantially complied with section 41; the claimant was investigated, given six days' notice of the disciplinary hearing with documents enclosed, informed of his rights, heard, and given appeal rights which he partly exercised.
The claimant attended an investigatory meeting, then a disciplinary hearing with the documents enclosed, entitlement to call witnesses, tender documents and be accompanied by a colleague. He participated and signed the minutes without protest, appealed the dismissal, and chose not to pursue a second appeal. The absence of a warning letter was immaterial since summary dismissal requires no notice.
Whether the claimant was entitled to notice pay, service pay, loss of earnings and damages
No - having failed to prove unfair termination, the claimant is not entitled to any of the remedies sought.
Remedies for unfair termination flow only from a finding of unfairness. Since the court found both a valid reason and a fair procedure, all heads - notice pay, service pay, 20-year loss of earnings and 12 months' compensation - fell away. Service pay was also in any event excluded for NSSF members under section 35(6) as argued by the respondent.
Legal principles established
#- For a termination to be fair, the employer must prove both a valid and fair reason and that a fair procedure was followed.
- The reasons for termination are those the employer genuinely believed to exist at the time of termination.
- Section 41 of the Employment Act sets the minimum standards of a fair procedure: explanation of grounds, hearing, accompaniment by a fellow employee, and consideration of representations.
Court orders
#- 1.The suit is dismissed
- 2.Parties to bear own costs
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court under the Employment Act, 2007 (claim for unfair termination and terminal dues)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cheboror v Libya Oil Kenya Limited (Cause 81 of 2016) [2022] KEELRC 1391 (KLR)", Case Analysis (2022). Cause No 81 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1391/eng@2022-07-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.