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ELRCDismissedNot stated in judgment (Memorandum of Claim dated 3rd November, 2016)· [2023] KEELRC 2412 (KLR)

Kariuki v Kenya Pipeline Company Limited (Cause 2273 of 2016) [2023] KEELRC 2412 (KLR)

Employment and Labour Relations Court
6 October 2023
SRSTELLA RUTTO
4,645 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court upheld a loader's dismissal for negligence because the employer proved valid reasons and followed a fair disciplinary process.

What this practically means

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Executive summary

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In this first-instance employment claim, the Claimant, employed by the Respondent as a Technical Operator from 3rd November 2006, was summarily dismissed by letter dated 29th February 2016 on grounds of negligence. The dismissal arose from an incident of 10th July 2015 at the Eldoret depot in which truck KBU 512X was loaded with 10,000 litres of Automotive Gas Oil ostensibly on account of East Africa Gas Oil Limited (EAGOL), yet the truck was later released using an altered gate pass belonging to another oil marketer, resulting in loss of the product. The Claimant sought damages for wrongful termination, one year's salary compensation, interest, or alternatively reinstatement. The Respondent maintained that the dismissal complied with the Employment Act and followed a fair disciplinary process. The court isolated three issues: substantive validity of the reason for termination, procedural fairness, and entitlement to reliefs. On the evidence, including the investigation report, the variance between the loading order and FAN ticket regarding the driver's identity, and testimony that truck KBU 512X was in Lodwar on the material date, the court found the Claimant negligent for failing to confirm and match documentation particulars. The standard of proof, on a balance of probability under Sections 43 and 45 of the Employment Act, was met. Procedurally, the Claimant received a notice to show cause, responded in writing, appeared before a disciplinary committee with the right to accompaniment, and appealed unsuccessfully; Section 41 was satisfied. The court held the dismissal neither unfair nor unlawful and dismissed the claim entirely, with each party bearing its own costs. Judgment was delivered at Nairobi on 6th October 2023 by Stella Rutto, Judge.

Key legal issues

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01

Whether there was a valid and fair reason for termination

Holding

Yes - negligence in loading a truck without confirming the loading order, FAN ticket and driver's identity was proved on a balance of probability

Reasoning

The court found documentary variances between the loading order and the FAN ticket (different driver names), evidence that truck KBU 512X was in Lodwar on the material date, an altered gate pass from another oil marketer, and corroborating witness statements from the investigation. The Claimant's assertion that documents were given to him was unsupported. The employer therefore had genuine, valid grounds on a balance of probability.

p. 8
02

Whether the procedure followed was fair under Section 41 of the Employment Act

Holding

Yes - notice to show cause, written response, disciplinary hearing with right to accompaniment, and appeal satisfied Section 41

Reasoning

The Claimant received a Notice to Show Cause dated 29th October 2015, responded on 3rd November 2015, was invited to a disciplinary committee hearing on 24th November 2015 with notice of time and venue and right to be accompanied by a union official or colleague, and later appealed. The court was satisfied the spirit of Section 41 was complied with.

p. 8
03

Entitlement to reliefs sought

Holding

None - claim dismissed in its entirety

Reasoning

Having found both substantive validity and procedural fairness, the court held the dismissal was not unfair or unlawful and the reliefs (damages, one year's compensation, interest, reinstatement) could not lie.

p. 8

Legal principles established

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  • An employer must prove reasons for termination on a balance of probability, being matters the employer genuinely believed to exist at the time of termination
  • Compliance with Section 41 of the Employment Act requires notification of allegations, opportunity to respond in writing and in person, and right to be accompanied

Court orders

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  1. 1.Dismissal of the Claim in its entirety
  2. 2.Each party to bear its own costs

Authorities

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Legislation

  • Employment ActSection 43(1)
  • Employment ActSection 43(2)
  • Employment ActSection 45(2)(a) and (b)
  • Employment ActSection 45(2)(c)
  • Employment ActSection 41(1)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48

Cases cited (3)

  • Angela Wokabi Muoki vs Tribe Hotel Limited
    (2017) eKLR
  • Mary Chemweno Kiptui vs Kenya Pipeline Company Limited
    (2014) eKLR
  • Benson Amwoga Juma vs Kenya Pipeline Company Limited
    (2017) eKLR
Jurisdiction invoked
Original employment and labour relations jurisdiction (Employment Act; Memorandum of Claim filed 3rd November, 2016)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kariuki v Kenya Pipeline Company Limited (Cause 2273 of 2016) [2023] KEELRC 2412 (KLR)", Case Analysis (2023). Not stated in judgment (Memorandum of Claim dated 3rd November, 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2412/eng@2023-10-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.