Loronyokwe v County Government of Samburu & 2 others (Cause E051 of 2022) [2023] KEELRC 1852 (KLR)
The bottom line
#A Kenyan court ordered Samburu County to pay a dismissed employee over Kshs.4.3 million because he was fired without a fair hearing by an official who lacked the power to do so.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for summary dismissal
The respondents failed to discharge the burden of proof under section 43 of the Employment Act, having not entered appearance or filed defence
The termination letter alleged absconding of duties and unlawful media engagement amounting to gross misconduct. The claimant denied the offences and attributed the dismissal to political battles. The respondents did not controvert the claimant's evidence, and the court held that the employer had not proved the reasons cited were valid and fair.
Procedural fairness under section 41 of the Employment Act
The termination breached the fair procedure requirement because the claimant was not accorded a hearing
Section 41 requires the employer to explain the reasons for termination and to hear and consider representations before dismissal. The claimant was merely telephoned by the Governor's Political Advisor and told to collect his termination letter. This unrebuted evidence established that no hearing was accorded, rendering the summary dismissal procedurally unfair.
Violation of constitutional rights (Articles 41, 47 and 236)
The termination by the Chief of Staff, an officer without disciplinary mandate, was ultra vires and violated the claimant's rights to fair labour practices and fair administrative action
Under the County Government Act, the County Public Service Board has the sole mandate of disciplining county public officers. The Chief of Staff usurped that mandate and terminated the claimant without due process, breaching natural justice and Article 236 of the Constitution, which bars dismissal of public officers without following due process of law.
Alleged discrimination under Article 27(5)
The claim of discrimination failed for want of proof
The claimant relied on the reinstatement of his colleague Joyce Lengeiya by the Ombudsman's intervention to allege discrimination. However, he did not adduce evidence demonstrating that he was dismissed for the same reasons as the colleague who was reinstated, so the discrimination claim failed despite other constitutional violations being established.
Legal principles established
#- The employer bears the burden of proving the reason for termination of employment
- An employer must hear and consider the employee's representations before summarily dismissing an employee on grounds of misconduct
- Only the County Public Service Board has the mandate to discipline officers in the county public service; dismissal by the Chief of Staff is ultra vires and a constitutional violation
Court orders
#- 1.Declaration that the termination of the claimant's contract of service was unfair and unlawful
- 2.Payment of one month's salary in lieu of notice of Kshs.145,450.00
- 3.Compensation of 10 months' salary for unfair termination of Kshs.1,454,500.00
- 4.Leave pay of Kshs.114,665.83 on prorata basis
- 5.Gratuity of Kshs.609,367.00 for 22 months served
- 6.General damages of Kshs.2,000,000.00 for violation of constitutional rights under Articles 41 and 47
- 7.Costs and interest at court rates from the date of judgment, subject to statutory deductions
- 8.Certificate of service to issue to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (suit filed after exhaustion of Public Service Commission appeal under section 77 of the County Government Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Loronyokwe v County Government of Samburu & 2 others (Cause E051 of 2022) [2023] KEELRC 1852 (KLR)", Case Analysis (2023). Cause No. 3 of 2022 (filed 23rd December 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1852/eng@2023-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.