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ELRCDismissedNot stated in the judgment as provided· [2024] KEELRC 511 (KLR)

Singei v Kenya Airports Authority (Cause 1312 of 2018) [2024] KEELRC 511 (KLR)

Employment and Labour Relations Court
7 March 2024
BOByram Ongaya
1,637 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld an airport manager's dismissal, confirming that being acquitted of theft in criminal court does not stop an employer from firing you for gross misconduct.

What this practically means

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Executive summary

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The claimant, employed by the respondent from 17 May 1999 and serving as Acting Operations and Safety Manager at Wilson Airport, was summarily dismissed by letter dated 05.07.2017 for unprocedurally authorising the dismantling and removal of a bonded aircraft on 30.12.2016. He had earlier been prosecuted in Criminal Case No.24 of 2017 at JKIA and acquitted under section 210 of the Criminal Procedure Code on 22 December 2017. He sued for a declaration that his dismissal was unlawful, a permanent injunction, alternatively reinstatement or compensation, interest and costs, alleging violations of constitutional provisions on fair hearing and fair administrative action and of sections 40, 41, 49 and 87 of the Employment Act. The respondent defended the dismissal, pleading that the disciplinary process was for gross misconduct and abuse of office distinct from the criminal charge, that full procedure under the Employment Act and its HR manual was followed including a show-cause, disciplinary hearing and appeal, and that the claimant authorised release of a gazetted bonded aircraft with outstanding charges. The court found a contract of service existed, that the dismissal was by the letter of 05.07.2017, that due procedure under section 41 was followed, and that the reasons were genuine and fair under sections 43 and 45. The claimant's denials of authoring the release letter were disbelieved against his admissions to his boss and investigators, and the aircraft was traced to Happy Times Schools in Gatundu. The court held the dismissal was separate from the criminal proceedings and dismissed the suit with costs to the respondent on 7 March 2024.

Key legal issues

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01

Existence of a contract of service

Holding

Parties were in a contract of service

Reasoning

The respondent admitted the claimant was employed from 17 May 1999, rising from Marshalled Trainee, and at termination earned a basic salary of Kshs.123,122.43 plus house allowance of Kshs.25,000 per month, establishing an employment relationship.

p. 3
02

Procedural fairness under section 41

Holding

Due procedure of notice and hearing was accorded

Reasoning

The claimant received a show-cause letter, replied, attended a disciplinary hearing, received the summary dismissal letter, appealed by letter dated 25.07.2017, attended the appeal hearing, and the dismissal was upheld on 25.09.2017.

p. 3
03

Validity and fairness of the reasons for dismissal under sections 43 and 45

Holding

The reasons were genuine and fair

Reasoning

The claimant unprocedurally authorised the dismantling and removal of a bonded aircraft. He admitted authoring the release letter to his boss and in his investigator's statement, and his contrary testimony at trial was found not credible; the aircraft was traced to Happy Times Schools in Gatundu with his authorisation letter.

p. 4
04

Effect of the criminal acquittal on the disciplinary dismissal

Holding

The summary dismissal was separate from the criminal proceedings

Reasoning

The criminal case charged theft while the disciplinary process was based on abuse of office and gross misconduct; the respondent pleaded the criminal case had no bearing on the internal process, and the court accepted this distinction.

p. 4

Legal principles established

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  • An employee is fairly dismissed where the employer proves both valid reason and procedural fairness under sections 41, 43 and 45 of the Employment Act
  • Criminal proceedings and internal disciplinary processes on related conduct are separate; acquittal in a criminal case does not preclude summary dismissal for gross misconduct

Court orders

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  1. 1.Judgment entered for the respondent against the claimant for dismissal of the suit with costs

Authorities

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Legislation

  • Constitution of KenyaArticle 25(c), 1, 2 and 50(1), (2)
  • Constitution of KenyaArticle 47(1), (2)
  • Constitution of KenyaArticle 27(1)
  • Constitution of KenyaArticle 10(1), (2)
  • Employment Act, 2007Sections 40, 41, 43, 45, 49, 87
  • Criminal Procedure Code (Cap 75)Section 210
  • Fair Administrative Action Act
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance employment claim)

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, "Singei v Kenya Airports Authority (Cause 1312 of 2018) [2024] KEELRC 511 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/511/eng@2024-03-07

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