Wanjala v Devyani Food Industries (K) Limited (Cause 990 of 2017) [2024] KEELRC 1238 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether termination on grounds of poor performance was substantively and procedurally fair
The termination was substantively and procedurally unfair because the Claimant had no clear targets, no performance appraisal, no support plan to improve, and no capability hearing as required by Section 41 of the Employment Act
The court applied Section 41 of the Employment Act, requiring the employer to explain the reasons for termination and hear the employee's representations. Following Jane Samba Mkala v Ol Tukai Lodge Limited, an employer fronting poor performance must demonstrate a policy or practice of performance measurement and a fair process. The Claimant received only one warning letter on August 9, 2016 before termination on September 6, 2016, with no clear targets, no improvement plan and no capability hearing.
Whether the Claimant was entitled to the remedies sought
Four months' salary in compensation was awarded; leave pay failed for lack of particularisation; payment for the remainder of the contract was disallowed; certificate of service and costs were granted
In assessing compensation the court considered the Claimant's length of service and the Respondent's failure to afford him an adequate opportunity to improve. The leave pay claim failed because it was not particularised or proved, and no basis was established for payment for the remainder of the contract. A declaration as such was not separately granted, but judgment followed from the finding of unfairness.
Legal principles established
#- An employer terminating for poor performance must have clear measurable targets, a performance appraisal mechanism, and must give the employee a fair opportunity to improve before a capability hearing under Section 41 of the Employment Act
Court orders
#- 1.Judgment entered in favour of the Claimant in the sum of Kshs. 110,400 being 4 months' salary in compensation for unlawful and unfair termination of employment
- 2.The award to attract interest at court rates from the date of judgment until payment in full
- 3.The Claimant is entitled to a certificate of service
- 4.Costs of the case awarded to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (termination of employment claim)
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.
- Muriithi v Sabic Kenya Limited (Employment and Labour Relations Cause 921 of 2018) [2025] KEELRC 1434 (KLR)[2025] KEELRC 1434 (KLR)19 May 2025
Cite this brief
#Cite this brief
Caselaw, "Wanjala v Devyani Food Industries (K) Limited (Cause 990 of 2017) [2024] KEELRC 1238 (KLR)", Case Analysis (2024). Statement of Claim dated May 18, 2017 (Cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1238/eng@2024-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.