Imbali v Kenya Hospital Association t/a the Nairobi Hospital (Cause E899 of 2021) [2024] KEELRC 678 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Substantive justification for termination
The Respondent failed to prove a valid and fair reason; receiving and securing gas cylinders was not in the Claimant's job description and the Respondent led no evidence of adequate manpower or sole key custody
Section 43(1) and Section 45(2)(a) and (b) of the Employment Act require the employer to prove valid and fair reasons for termination. The termination letter cited negligence, but the duty of securing gas cylinders was absent from the Claimant's job description and never formally assigned to him. The Respondent elected not to call oral evidence, leaving its assertions about manpower and key custody unsupported. Internal emails confirmed medical gases were a biomedical function and that there was a manpower shortage.
Procedural fairness of termination
The procedure complied with Section 41 of the Employment Act - the Claimant was given a show-cause notice, responded, and was heard at two disciplinary hearings
Section 45(2)(c) read with Section 41 requires notice of allegations and an opportunity to be heard. The Claimant admitted receiving the notice to show cause, replied to it, and attended disciplinary hearings on 13th August 2021 and 7th September 2021 where he was given an opportunity to defend himself, which he confirmed in cross-examination. Procedural fairness was therefore met, but the termination was ultimately unfair for want of substantive justification.
Claim for unpaid house allowance
Declined because the salary was consolidated
The Claimant sought Kshs 655,506.90 as unpaid house allowance. However, his contract of employment provided a consolidated salary. Section 31(2) of the Employment Act contemplates consolidation of house allowance in the salary, in which case the employer owes no separate house allowance payment. The claim therefore failed.
Legal principles established
#- An employer must prove both substantive justification and fair procedure for a termination to be upheld
- An employee cannot be found negligent in respect of a duty that did not form part of his job description and was not assigned to him
- Allegations by an employer that are unsupported by evidence do not amount to a valid and fair reason for termination
Court orders
#- 1.A declaration that the termination of the Claimant's employment was unfair
- 2.The Claimant is awarded compensatory damages in the sum of Kshs 570,006.00 being equivalent to six (6) months of his gross salary
- 3.Interest on the amount in (b) at court rates from the date of Judgment until payment in full
- 4.The Claimant shall also have the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act; judgment references Article 159(2)(d) and Article 48 of the Constitution in the delivery order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Imbali v Kenya Hospital Association t/a the Nairobi Hospital (Cause E899 of 2021) [2024] KEELRC 678 (KLR)", Case Analysis (2024). Cause No E899 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/678/eng@2024-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.