Wambui & 4 others v Kenya Utalii College (Employment and Labour Relations Cause 595, 345 & 266 of 2016 (Consolidated)) [2023] KEELRC 1270 (KLR)
The bottom line
#Kenya's Employment Court ruled three Utalii College employees were unfairly fired over shifting fraud allegations, awarding them notice pay and compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimants' summary dismissals were fair in substance and procedure
Terminations were unfair for want of substantive justification and procedural fairness
The respondent's figures for alleged losses kept changing (from Kshs 60,506.99 to Kshs 2,678,624/- to Kshs 711,000/-), the alleged syndicates were never named, only three of seven implicated employees were dismissed, and no proper disciplinary hearing under section 41 was held - the hearings were presided over by the accusers and enhanced charges drew dismissal without further hearing.
Whether the claimants were accorded a fair hearing before termination
No; procedural fairness under section 41 was violated
Claimants were given show cause letters with shifting accusations, appeared before committees whose members were the accusers, and were dismissed on enhanced charges without any further hearing. Section 41 requires a hearing in mandatory terms. The claimants were never charged in any criminal court.
Whether the respondent's counterclaim for Kshs 2,256,722.31 was proved
Not proved and dismissed
The claim was framed as liquidated damages, which require specific proof demonstrating how the sum was computed. The respondent led no documentary or testimonial evidence establishing the computation, and inconsistencies pervaded its evidence.
What remedies the claimants are entitled to
One month's salary in lieu of notice plus five months' salary as compensation for each claimant; other heads declined for want of proof
Having found the terminations unfair, the court awarded notice pay and compensation equivalent to five months' salary per claimant under section 49. Claims for severance (no redundancy), unpaid leave, house and commuter allowances and acting allowance were declined as unproved.
Legal principles established
#- An employer must prove both valid reason and fair procedure under sections 41, 43 and 45 of the Employment Act; failure of either renders termination unfair
- The employer need only prove reasons it genuinely believed to exist on a balance of probability, and the reasonableness of dismissal falls within a band of reasonable responses
- An employee facing disciplinary action must be given adequate opportunity to respond to charges before action is taken
Court orders
#- 1.Award to Raymond Ngetich (Cause No. 266 of 2016): one month salary in lieu of notice Kshs 63,000 plus compensation of 5 months' salary Kshs 315,000; total Kshs 378,000 with costs and interest at court rates from date of judgment till full payment
- 2.Award to Daniel Tungo (Cause No. 345 of 2016): one month salary in lieu of notice Kshs 43,693 plus compensation of 5 months' salary Kshs 218,475; total Kshs 262,170 with costs and interest at court rates from date of judgment till full payment
- 3.Award to Winnie Wambui (Cause No. 595 of 2016): one month salary in lieu of notice Kshs 23,985.03 plus compensation of 5 months' salary Kshs 119,925.15; total Kshs 143,910.18 with costs and interest at court rates from date of judgment till full payment
- 4.Dismissal of the respondent's counterclaim of Kshs 2,256,722.31 against Daniel Tungo
- 5.Each party to bear its own costs of the counterclaim
- Jurisdiction invoked
- Employment Act, Cap 226 (sections 41, 43, 45 and 47(5))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wambui & 4 others v Kenya Utalii College (Employment and Labour Relations Cause 595, 345 & 266 of 2016 (Consolidated)) [2023] KEELRC 1270 (KLR)", Case Analysis (2023). Cause No. 595 of 2016 (Consolidated with Causes Nos. 266 of 2016 and 345 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1270/eng@2023-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.