Mburu v International Committee of the Red Cross (Cause 315 of 2018) [2023] KEELRC 1869 (KLR)
The bottom line
#A Kenyan court dismissed an unfair termination claim because the employee had signed a discharge voucher accepting his dues as full and final settlement.
What this practically means
#Executive summary
#Key legal issues
#Whether the discharge voucher bars the claim
Yes - the Claimant executed the discharge voucher freely and in his own handwriting acknowledged full and final settlement, and cannot resile from it
The court found that the Claimant accepted Kshs. 113,157/- as final dues on 29th April 2015, signing in his own handwriting with his ID number, and confirmed in cross-examination that he signed for the payment as full and final settlement without being forced. He produced no evidence that the acceptance was anything other than willful. The court adopted the reasoning in Damondar Jihabhai and Coastal Bottlers that courts cannot rewrite valid contracts and must give effect to the parties' intention not to litigate further.
Whether the reason for termination was valid
Yes - production of two falsified taxi receipts written and signed by the same person was a valid reason for termination
The court found the Claimant procured two damning receipts on 2nd and 3rd January 2015 which, though different in appearance, bore the same handwriting. The Respondent carried out meticulous investigations during which some of the Claimant's colleagues admitted wrongdoing. The meetings held demonstrated culpability, and the Claimant, though afforded an opportunity to defend himself, did not dislodge the accusations levelled against him.
Whether a fair procedure was followed
Yes - the Claimant was invited to a disciplinary hearing, informed of his right to be accompanied by a fellow employee, given an opportunity to make representations, and attended a further meeting on the Cash Working Advance
The Respondent issued a letter dated 9th March 2015 inviting the Claimant to a disciplinary hearing on 11th March 2015; the invitation informed him of his right to be accompanied by a fellow employee, which he exercised. He made oral representations based on a report he had prepared. He also confirmed in cross-examination that he was called to explain the taxi receipts and attended a meeting on the Cash Advance, taking Hosea Chepkwony as his witness.
Legal principles established
#- An employee who freely executes a discharge voucher acknowledging full and final settlement of terminal dues cannot resile from it and pursue further claims against the employer.
- A court cannot rewrite a contract validly entered into by parties; the discharge voucher is a binding agreement.
- The test of reasonableness in dismissal is whether a reasonable employer might reasonably have dismissed the employee - the band of reasonableness.
Court orders
#- 1.The Claimant's suit is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Employment and labour relations jurisdiction under Article 162(2) of the Constitution (Employment Act, 2007 cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mburu v International Committee of the Red Cross (Cause 315 of 2018) [2023] KEELRC 1869 (KLR)", Case Analysis (2023). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1869/eng@2023-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.