Kombo v Riley Falcon Security Services Limited (Appeal E044 of 2021) [2023] KEELRC 2119 (KLR)
The bottom line
#A Kenyan court ruled that paying notice is not enough—employers must have valid reasons to fire, or pay compensation.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the Appellant's fixed-term contract was based on valid reasons
The termination was unfair because the automatic termination clause was unrelated to the KPLC contract and the reason given did not hold
The Appellant's contract was signed in December 2019, before the KPLC contract was entered into in February 2020, so clause 9.3 tying his services to the client assignment could not relate to that contract. The Appellant was also given a one-year contract despite the KPLC contract's three-month term. The termination was therefore not based on valid, fair and justified reasons and was unfair.
Whether the Appellant was entitled to compensatory damages for unfair termination
Yes; awarded five months' salary under Sections 49 and 50 of the Employment Act
Having found the termination unfair, the court held the Appellant entitled to compensation under Sections 49 and 50 of the Employment Act, 2007. Section 49 does not provide compensation for the remainder of the contract term but allows discretion up to twelve months' salary. Considering the remaining service period and availability of comparable employment, five months' salary was deemed sufficient.
Whether the Appellant was entitled to leave earned but not paid
No; the claim was dismissed because four months of service could not earn leave
The court found that the Appellant had served only four months under the contract and thus could not have accrued leave within that period. The trial court had not addressed the issue of leave. The claim was found to be without merit and dismissed.
Legal principles established
#- Termination of employment requires valid reasons and fair procedure, not merely notice or payment in lieu
- The employer bears the burden of establishing a valid reason for termination
Court orders
#- 1.The award of one month's salary in lieu of termination notice is upheld
- 2.A declaration that the Appellant is entitled to compensatory damages for unfair termination
- 3.The Appellant is awarded 5 months' salary as compensation for unfair termination at Kshs. 84,215/-
- 4.The Respondent shall bear the costs of the appeal
- On appeal from
- Trial Court (Magistrates' Court)
- Jurisdiction invoked
- First appellate jurisdiction over the Trial Court's judgment in an employment claim
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.
- Mbugua v Resort (Cause E096 of 2022) [2024] KEELRC 1950 (KLR)[2024] KEELRC 1950 (KLR)25 Jul 2024
Cite this brief
#Cite this brief
Caselaw, "Kombo v Riley Falcon Security Services Limited (Appeal E044 of 2021) [2023] KEELRC 2119 (KLR)", Case Analysis (2023). Appeal No E044 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2119/eng@2023-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.