Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially Allowed(not stated on record as reproduced)· [2022] KEELRC 1544 (KLR)

Wafula v Chandaria Industries Limited (Cause 1758 of 2017) [2022] KEELRC 1544 (KLR)

Employment and Labour Relations Court
5 August 2022
3,560 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled a dismissal can be justified in substance yet still unlawful because the employer skipped the mandatory fair-hearing process.

What this practically means

#

Executive summary

#
The claimant, employed by the respondent as a machine operator from 10th June 2010, alleged he was summarily ordered out of the premises on 17th July 2015 and claimed notice pay, unpaid leave, unpaid house allowance, service gratuity and a certificate of service. The respondent asserted he fought and injured a colleague, Mr. Martin Okoth, justifying summary dismissal. The court framed three issues: justifiable reason, procedural fairness, and reliefs. On substance, the court found the respondent proved, on a balance of probability and per sections 43 and 45 of the Employment Act, that the claimant fought Mr. Okoth, relying on the claimant's written agreement to cover medical expenses, a radiological report recording 'assault to the face', an internal email, and the police OB extract. The claimant's allegation that he signed the confession under coercion failed for want of particulars, following Wenslaus Oduki Odinga v KNH. On procedure, however, the court found the dismissal unfair: the show cause letter was not signed for, and no invitation, minutes or notes of a disciplinary hearing were produced, section 41 being mandatory. The claim was therefore allowed in part: compensatory damages of Kshs 31,680 (three months' gross salary, reduced for the claimant's own contribution) and one month's notice pay of Kshs 10,560, totaling Kshs 42,240 with interest and costs. The house allowance claim was refused as time-barred under section 90, and a certificate of service was granted. Judgment delivered by Stella Rutto J on 5th August 2022 at Nairobi.

Key legal issues

#
01

Whether there was a justifiable reason for termination

Holding

Yes - the employer proved on a balance of probability that the claimant fought and injured a colleague at work

Reasoning

The court relied on the claimant's written confession agreement, the radiological report recording 'assault to the face', an email account of the incident, and the police OB extract. The claimant never pleaded a reply to the fight allegations and gave no particulars of the alleged coercion when signing the confession, following Ndolo J in Wenslaus Oduki Odinga v KNH. Substantive justification was thus established under sections 43(1) and 45(2)(a) and (b).

p. 5
02

Whether the claimant was accorded fair procedure under section 41

Holding

No - the dismissal was procedurally unfair

Reasoning

The show cause letter bore no endorsement of receipt by the claimant and there was no indication he refused to sign. No invitation, minutes or notes of a disciplinary hearing were produced. Section 41 is mandatory, requiring explanation of grounds, hearing and representation, and the respondent failed to prove compliance.

p. 6
03

Entitlement to reliefs

Holding

Notice pay and three months' compensatory damages awarded; house allowance refused as time-barred; certificate of service granted

Reasoning

Procedural unfairness grounded the notice pay and compensatory damages, the latter reduced to three months for the claimant's own contribution to the dismissal. The house allowance claim, being a continuing injury, expired twelve months after termination on 3rd August 2015, while the suit was filed on 4th September 2017.

p. 7

Legal principles established

#
  • An employer bears the burden of proving the reasons for termination, on a balance of probability, and need only prove reasons it genuinely believed to exist
  • An employee alleging duress or inducement to sign a document must provide particulars; a bare assertion of being forced will not suffice
  • Section 41 of the Employment Act is mandatory; failure to prove a fair hearing renders dismissal procedurally unfair

Court orders

#
  1. 1.Compensatory damages of Kshs 31,680.00, equivalent to 3 months' gross salary
  2. 2.One month's salary in lieu of notice of Kshs 10,560.00
  3. 3.Total award of Kshs 42,240.00
  4. 4.Interest on the total award at court rates from the date of judgment till payment in full
  5. 5.Claimant to have the costs of the suit
  6. 6.Claimant entitled to a certificate of service

Authorities

#

Legislation

  • Employment ActSection 43(1)
  • Employment ActSection 43(2)
  • Employment ActSection 45(2)(a) and (b)
  • Employment ActSection 45(2)(c)
  • Employment ActSection 41
  • Employment ActSection 90
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48

Cases cited (7)

  • Walter Ogal Anuro vs Teachers Service Commission
    (2013) eKLR
  • David Gichana Omuya vs Mombasa Maize Millers Ltd
    (2014) eKLR
  • Donald Odeke vs Fidelity Security Ltd
    Cause No 1998 of 2011
  • Wenslaus Oduki Odinga v Kenyatta National Hospital Board
    [2013] eKLR
  • Kenya Revenue Authority vs Reuwel Waithaka Gitahi & 2 others
    [2019] eKLR
  • Kenya Power & Lighting Company Limited v Aggrey Lukorito Wasike
    [2017] eKLR
  • Postal Corporation of Kenya vs Andrew K. Tanui
    [2019] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act; judgment does not state the specific provision

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Wafula v Chandaria Industries Limited (Cause 1758 of 2017) [2022] KEELRC 1544 (KLR)", Case Analysis (2022). (not stated on record as reproduced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1544/eng@2022-08-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.