Ruthuku v Kenya Revenue Authority (Cause E003 of 2023) [2023] KEELRC 2834 (KLR)
The bottom line
#A Kenyan court upheld an employee's summary dismissal for skipping a disciplinary hearing, awarding only unpaid leave days because he lacked medical evidence and employer records favoured him.
What this practically means
#Executive summary
#Key legal issues
#Discrimination on medical grounds
Not proved; the claimant never attached medical records to his transfer appeal and only availed a sick sheet after termination.
The claimant appealed the transfer citing a respiratory condition without any medical report. The respondent reviewed the appeal and moved him to Kajiado, which suited his condition. The only medical record was a sick sheet dated 8 January 2020 filed with the appeal on 6 February 2020, after dismissal. A prudent employee should have made his case with tangible records.
Unfair termination
Termination was lawful and procedural; the claimant frustrated his own employment by failing to attend the disciplinary hearing.
The claimant was invited to a disciplinary hearing on 9 January 2020 and emailed on the morning seeking reschedule without attaching the required sick sheet, and citing an erroneous date he never corrected. Failure to attend upon lawful invitation is gross misconduct under Section 44(3) and (4) of the Employment Act and justifies summary dismissal.
Claim for unpaid salary for days out of station
Rejected; the employer may deduct wages for days the employee was out of the allocated station.
After the court declined injunctive relief in ELRC Cause No. 56 of 2019 on 13 December 2019, the claimant was required to report to Kajiado but did not. Sections 17 and 19 of the Employment Act permit deductions of wages for days out of the work station.
Claim for 20 pending leave days
Justified and awarded at Kshs. 104,667; the employer failed to produce work records.
Section 10(6) and (7) of the Employment Act require the employer to produce work records once a claim is filed. The respondent's response that strict proof was required did not discharge this duty, so the claim for 20 pending leave days succeeded.
Legal principles established
#- An employee invited to a disciplinary hearing must attend or communicate inability; failure is gross misconduct justifying summary dismissal
- An unwell employee must notify the employer, and a sick sheet is required under the employer's policy
- Transfer of employees is a management prerogative to be interfered with only in rare and exceptional circumstances
- The employer as custodian of records must produce leave records when a claim for pending leave days is filed
Court orders
#- 1.Award to the claimant of Kshs. 104,667 for 20 pending leave days
- 2.Dismissal of all other claims
- 3.Respondent awarded 50% costs, the claim having largely failed
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007)
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.
- DPL Festive Limited v Okuny (Appeal E070 of 2024) [2025] KEELRC 2122 (KLR)[2025] KEELRC 2122 (KLR)17 Jul 2025
Cite this brief
#Cite this brief
Caselaw, "Ruthuku v Kenya Revenue Authority (Cause E003 of 2023) [2023] KEELRC 2834 (KLR)", Case Analysis (2023). Cause No E003 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2834/eng@2023-11-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.