Obachi v Gain Security Services (Cause 982 of 2018) [2023] KEELRC 3181 (KLR)
The bottom line
#A Kenyan court awarded a security guard over Kshs 225,000 because his employer fired him without reason, notice, or a hearing — and never defended the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was substantively justified
Not justified - no valid and fair reason was given or proved.
The Respondent did not enter appearance, file a response or participate despite service. The Claimant, an employee of 7 years proven by work identity card and bank statements, was given no notice or warning and no reason for termination despite inquiring at the Respondent's offices. Section 43 places the burden on the employer to prove valid and fair reasons; failure renders termination unfair under section 45.
Whether the termination was procedurally fair
Procedurally flawed and unfair under section 45 of the Employment Act.
The Claimant was never given notice, a warning, a show-cause letter or a disciplinary hearing as required by section 41 of the Employment Act. The Respondent declined to participate in the proceedings and so did not rebut these allegations. Following Janet Nyandiko and Walter Anuro, fairness requires both substantive justification and procedural fairness; both were absent here.
Legal principles established
#- The employer bears the burden of proving a valid and fair reason for termination; failure to do so renders the termination unfair.
- Termination must be both substantively justified and procedurally fair.
Court orders
#- 1.One month's salary in lieu of notice of Kshs 15,000/=
- 2.Annual leave Kshs 60,123.00
- 3.Compensation for unfair and unlawful termination of 10 months' salary, Kshs 150,000/=
- 4.Total award of Kshs 225,123/= with costs to the Claimant
- 5.Certificate of service under section 51 of the Employment Act if not already given
- Jurisdiction invoked
- First-instance employment claim under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Obachi v Gain Security Services (Cause 982 of 2018) [2023] KEELRC 3181 (KLR)", Case Analysis (2023). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3181/eng@2023-12-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.