Ojuok v Kenya Power & Lighting Co (Cause 63 of 2018) [2022] KEELRC 1629 (KLR)
The bottom line
#A Kenya Power supervisor's unfair dismissal claim failed because the company followed proper disciplinary steps and proved valid reasons.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the disciplinary process
The respondent complied with statutory procedural fairness under sections 35(1)(c) and 41 of the Employment Act; allegations of partiality and breach of internal procedures failed for lack of evidence
The claimant was issued a show-cause notice, responded in writing, attended an oral hearing before a Disciplinary Committee, and pursued an appeal. He did not identify the specific internal procedures allegedly violated, the policies were not produced in court, and no corroborative evidence of bias or conflict of interest in the Disciplinary Committee was presented.
Substantive fairness - validity of reasons for dismissal
The dismissal was for valid and fair reasons: the claimant, as supervisor of the technicians who constructed an illegal 3-phase line and uprated a transformer, was found to have been aware of or responsible for the works causing revenue loss
The employer bore the burden under sections 43 and 45 of proving valid and fair reasons. The claimant did not deny the works occurred but disputed responsibility. As Assistant Superintendent in charge of Operations & Maintenance over the technicians involved, and receiving updates by phone, it was highly improbable he was unaware of the works. Three respondent witnesses testified to discharge the burden.
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 were valid and fair
- Compliance with procedural fairness requires that the employee be informed of the allegations, given an opportunity to respond in writing and to an oral hearing, and be afforded an appeal
Court orders
#- 1.The cause is dismissed with costs.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (statutory employment dispute); specific constitutional provision not cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ojuok v Kenya Power & Lighting Co (Cause 63 of 2018) [2022] KEELRC 1629 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1629/eng@2022-05-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.