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ELRCDismissedCause No 1918 of 2017· [2023] KEELRC 2600 (KLR)

Syonthi v Equity Bank Limited (Cause 1918 of 2017) [2023] KEELRC 2600 (KLR)

Employment and Labour Relations Court
26 October 2023
5,856 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

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A Kenyan bank employee dismissed over a flawed loan lost his case because the dismissal was fair and he had signed a full settlement.

What this practically means

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Executive summary

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The Claimant, formerly a Relationship Officer at Equity Bank, sued claiming that his summary dismissal on 10th January 2017 over the handling of a Kshs.15,000,000 asset finance loan application by Taita Taveta Development Company Ltd was unfair and discriminatory. He sought nullification of the termination, reinstatement or, alternatively, terminal dues exceeding Kshs.6.8 million including damages for discrimination, 12 months' compensation, leave-related dues, service pay, interest and a certificate of service. The Respondent maintained the dismissal was for gross misconduct following a proper appraisal of anomalies in the loan application, that fair procedure under Section 41 of the Employment Act was followed, and that the Claimant was paid his full dues and signed a full and final settlement. The court framed four issues: unfairness of termination, discrimination, entitlement to reliefs, and waiver. It found the Respondent had a valid and fair reason for dismissal on a balance of probabilities, the Claimant's own admissions revealing numerous red flags in the loan appraisal, applying the band of reasonableness test. Procedurally, the Claimant received two notices to show cause, attended a disciplinary hearing and appealed, and adduced no evidence of procedural fault. The discrimination claim failed for want of particulars and evidence, the Claimant's role being distinguishable from the Credit Committee's. The court further held that the signed final dues acknowledgement constituted a binding discharge waiving further claims. The suit was dismissed with each party bearing their own costs, but the Respondent was ordered to issue a certificate of service under Section 51 of the Employment Act.

Key legal issues

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01

Whether the Respondent had a valid and fair reason to summarily dismiss the Claimant

Holding

Yes - the loan appraisal was riddled with anomalies the Claimant admitted, satisfying Section 45(2) of the Employment Act

Reasoning

The court examined the two notices to show cause, the Claimant's responses, disciplinary minutes and cross-examination admissions. The Claimant failed to conduct proper KYC, ignored red flags including a weak application, unverified bank statements, an unanalysed CRB report and absence of customer visits. On a balance of probabilities, and applying the band of reasonableness test and Section 43(2), the employer genuinely believed grounds justifying dismissal existed.

p. 9
02

Whether the disciplinary procedure complied with Section 41 of the Employment Act

Holding

Yes - the Claimant was issued notices, responded, attended a hearing, appealed, and adduced no evidence of procedural fault

Reasoning

The court held Section 41 is mandatory but found full compliance: two notices to show cause were served and answered, the Claimant was invited to and attended a hearing with notice of the right to accompaniment, and he appealed. The Claimant contradicted himself on whether a hearing occurred and tendered no evidence of fault in notice, composition, or opportunity to be heard.

p. 10
03

Whether the Claimant was discriminated against

Holding

No - no particulars or evidence of discrimination were adduced; the roles of the Claimant and the Credit Committee were distinguishable

Reasoning

The memorandum of claim contained no particulars of discrimination, no evidence was led, and counsel's argument rested on inaction against committee members. The court held the Claimant, as the officer with background information and documents, bore a distinct role from the committee, so no inference of discrimination arose from the committee members not being disciplined.

p. 11
04

Whether the Claimant waived further claims by signing the final dues acknowledgement

Holding

Yes - the discharge was freely executed with full knowledge and discharged the Respondent from further liability

Reasoning

Relying on Thomas De La Rue and Coastal Bottlers, the court held a discharge voucher bars further claims if freely and willingly executed with full information. The Claimant signed the acknowledgement of Kshs.665,487.38, admitted receipt, and did not contest its authenticity or allege misrepresentation, incapacity or other vitiating element. Inadequacy of amount alone does not vitiate a binding settlement.

p. 13

Legal principles established

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  • For a termination to pass the fairness test, it must be shown that there was not only substantive justification for the termination but also procedural fairness
  • The employer need only prove on a balance of probability the reasons it genuinely believed to exist at the time of termination
  • A discharge voucher freely and willingly executed with full knowledge bars further claims, though it cannot absolve an employer from statutory obligation or preclude enquiry into fairness of termination

Court orders

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  1. 1.The Claimant's suit is dismissed
  2. 2.Each party to bear their own costs
  3. 3.Respondent to issue a certificate of service by dint of Section 51 of the Employment Act, 2007

Authorities

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Legislation

  • Employment ActSection 41
  • Employment ActSections 43, 43(2), 45, 45(2), 44, 47(5), 35, 5(2) and (3), 51
  • Constitution of Kenya, 2010Article 27(2), (4)
  • Constitution of Kenya, 2010Articles 159(2)(d), 48
  • Civil Procedure ActSection 1B
  • Civil Procedure RulesOrder 21 Rule 1
  • International Labour Organization ConventionNo. 158

Cases cited (15)

  • Ol Pejeta Ranching Ltd V David Wanjau Muhoro
    (2017) eKLR
  • VMK V Catholic University of Eastern Africa
    (2013) eKLR
  • Koki Muia V Samsung Electronics East Africa Ltd
    (2015) eKLR
  • Walter Ogal Anuro V Teachers Service Commission
    (2013) eKLR
  • Philemon Atik V Nandi City Water and Sewerage Co. Ltd
    (2019) eKLR
  • Kenya Union of Commercial Food & Allied Workers Union V Kapa Oil Refineries Ltd
    (2018) eKLR
  • Pius Machafu Isindu V Lavington Security Guards Ltd
    (2017) eKLR
  • Kenya Revenue Authority V Reuwel Withaka Gitahi & 2 others
    (2019) eKLR
  • Judicial Service Commission V Gladys Boss Shollei & another
    (2014) eKLR
  • British Leyland UK Ltd V Swift
    (1981) ILRI 91
  • Postal Corporation of Kenya V Andrew K. Tanui
    (2019) eKLR
  • Krystalline Salt Ltd V Kwekwe Mwakele & 67 others
    (2017) eKLR
  • Thomas De La Rue (K) Ltd V David Opondo Omutelema
    (2013) eKLR
  • Costal Bottlers Ltd V Kimathi Mithika
    (2018) eKLR
  • Trinity Prime Investments Ltd V Lion of Kenya Insurance Co. Ltd
    (2015) eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007)

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, "Syonthi v Equity Bank Limited (Cause 1918 of 2017) [2023] KEELRC 2600 (KLR)", Case Analysis (2023). Cause No 1918 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2600/eng@2023-10-26

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