Kanyungi v Ruaraka Academy (Cause 260 of 2018) [2023] KEELRC 271 (KLR)
The bottom line
#A Kenyan court ruled that even a well-founded dismissal is unlawful if the employer skips a fair hearing before firing the employee.
What this practically means
#Executive summary
#Key legal issues
#Justifiable reason for termination
The respondent proved a valid and fair reason - the claimant's non-compliance with departmental resolutions on composition writing.
Section 43(1) requires the employer to prove reasons for termination, and section 45(2)(a) and (b) require those reasons to be valid and fair. Departmental minutes approved by the claimant required one composition per week. Extracts of students' composition books showed clear non-compliance, which the claimant never challenged in his reply or evidence. As head of department he should have led implementation of the resolutions. The termination was therefore substantively fair.
Procedural fairness prior to termination
The claimant was not afforded a fair hearing; termination was procedurally unfair and unlawful under section 45(2)(c).
Section 41 requires an employer, before terminating for poor performance, to explain the reasons to the employee and to hear and consider any representations. There was no indication on the record that the respondent subjected the claimant to any such process. No meeting or hearing was held, and the employee was entitled to notice of the reasons and an opportunity to defend himself regardless of the gravity of the allegations.
Reliefs
Compensatory damages of three months' gross salary awarded, taking into account the length of employment.
Because the termination was substantively justified but procedurally flawed, the court declined to grant the full reliefs sought. It instead awarded compensatory damages equivalent to three months' gross salary, factoring in the length of the employment relationship, with interest at court rates from judgment and costs of the suit to the claimant.
Legal principles established
#- An employer must prove both that the reason for termination is valid and that it is a fair reason under sections 43(1) and 45(2) of the Employment Act.
- Under section 41 of the Employment Act, an employer must, before terminating on grounds of poor performance, explain the reasons to the employee and hear his representations.
Court orders
#- 1.Judgment entered in favour of the claimant against the respondent
- 2.Compensatory damages awarded in the sum of Kshs 265,500.00, being equivalent to three months of the claimant's gross salary
- 3.Interest on the award at court rates from the date of judgment until payment in full
- 4.Claimant awarded the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kanyungi v Ruaraka Academy (Cause 260 of 2018) [2023] KEELRC 271 (KLR)", Case Analysis (2023). Cause No 260 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/271/eng@2023-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.