Ojuok v Kenya Power & Lighting Co. Ltd (Cause 63 of 2018) [2022] KEELRC 1396 (KLR)
The bottom line
#A Kenya Power supervisor dismissed over illegal power connections lost his unfair termination case because the company followed proper disciplinary procedure and proved valid reasons.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the dismissal
The Respondent complied with sections 35(1)(c) and 41 of the Employment Act; the disciplinary process was not shown to be biased or in breach of internal procedures.
The Claimant was issued a show-cause notice, responded in writing, attended an oral hearing before a Disciplinary Committee, was dismissed, and was granted an appeal which was heard and dismissed. He did not identify the specific internal procedures allegedly violated, and did not produce the policies in Court or corroborative evidence of bias or conflict of interest among Committee members.
Substantive fairness of the dismissal
The dismissal was for valid and fair reasons; the Claimant, as the supervisor of the technicians who carried out the unauthorised works, must have been aware of them.
The employer bore the burden under sections 43 and 45 to prove valid and fair reasons. The unauthorised 3-phase line, transformer uprating and conductor uprating were carried out by the Claimant's direct supervisees. Given his supervisory role and his admission of receiving updates by phone, the Court found it highly improbable he was unaware of the works, justifying dismissal for loss of revenue.
Legal principles established
#- Sections 43 and 45 of the Employment Act, 2007 place the burden on the employer to prove that the reasons for dismissal are valid and fair.
- Compliance with sections 35(1)(c) and 41 of the Employment Act, 2007 (notice, allegations, written response, oral hearing and appeal) satisfies the statutory requirements of procedural fairness.
Court orders
#- 1.The Cause is dismissed with costs.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007; sections 35, 41, 43 and 45 applied)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ojuok v Kenya Power & Lighting Co. Ltd (Cause 63 of 2018) [2022] KEELRC 1396 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1396/eng@2022-05-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.