Nzioki v Safaricom PLC (Cause E252 of 2021) [2023] KEELRC 722 (KLR)
The bottom line
#Kenya's Employment Court upheld a dismissal after an employee drove a company vehicle drunk and caused a fatal crash, finding both the reason and procedure fair.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent had a valid reason to terminate the claimant's employment
Yes - the claimant drove a company vehicle while under the influence of alcohol, contravening policies incorporated into his contract, which constituted gross misconduct
The Fleet and Travel Management Policy and HR Manual were incorporated into the claimant's contract by the appointment letter, prohibiting driving under the influence. The Aga Khan Hospital report showed 11.80 mg/dl of alcohol in the claimant's blood. It was the only medical evidence, uncontradicted by any independent medical opinion, and the claimant conceded before the Disciplinary Committee that he had exceeded the safe limit. Under section 43(2) of the Employment Act, the employer was entitled to rely on facts which it genuinely believed existed.
Whether the procedure followed in terminating the claimant's employment was fair
Yes - the claimant was issued a notice to show cause, responded, was invited to and attended a disciplinary hearing, was notified of his right to be accompanied, and had an appeal heard
The record showed a notice to show cause dated October 27, 2020, the claimant's response of October 30, 2020, a disciplinary hearing on November 17, 2020 at which he was heard and could be accompanied by a workmate, termination communicated on November 24, 2020, and an appeal decided on December 14, 2020. Unsigned minutes with gaps did not invalidate the process absent a substantial flaw, and the claimant could not raise unpleaded grounds from the witness box.
Admissibility and weight of the Aga Khan Hospital medical report despite its disclaimer
The report was admissible and could be relied on as it was relevant to a disputed fact; the claimant, having produced it himself, could not challenge it without leading contradictory medical evidence
The report carried a disclaimer that it may not be used for employment testing or medico-legal purposes, but the court found it met the evidentiary threshold of an instrument speaking to a disputed fact. The claimant produced the report himself. The apparent printing-date discrepancy was treated as a data entry error, and the claimant's admission that he took the test anchored the report's authenticity.
Legal principles established
#- Once an employer's policy documents are incorporated into an employee's contract, they become part of the terms and conditions of employment
- The employer's genuine belief in the grounds for termination at the time of termination satisfies section 43(2) of the Employment Act
- Overindulgence in alcohol or substance abuse during work hours rendering an employee incapable of rational decisions is a legitimate reason for termination
- A party challenging a medical report must obtain contradictory medical evidence; failure to sign disciplinary minutes does not by itself invalidate a disciplinary decision
Court orders
#- 1.The claimant's case is dismissed
- 2.Costs of the suit awarded to the Respondent
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the ELRC (the suit is a first-instance employment claim; no specific provision is cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Ruma v Proto Energy Ltd (Employment and Labour Relations Cause E591 of 2025) [2026] KEMC 781 (KLR)[2026] KEMC 781 (KLR)27 Aug 2026applied
Cite this brief
#Cite this brief
Caselaw, "Nzioki v Safaricom PLC (Cause E252 of 2021) [2023] KEELRC 722 (KLR)", Case Analysis (2023). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/722/eng@2023-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.