Onyango v Sunny Haulier Limited (Cause 1243 of 2016) [2024] KEELRC 1445 (KLR)
The bottom line
#A Kenyan court ruled a truck driver's dismissal over an illegal strike was justified but unfair because his employer skipped due process, awarding him two months' salary.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for termination
Termination was based on a valid reason - the Claimant's involvement in an illegal strike at Uzuri Foods Limited.
The Court adopted its findings in Kenneth Mwirigi Gituma v Sunny Hauliers Limited, an earlier claim involving an identical factual matrix: a fellow driver in the same strike, same pleadings, documents and salary. In that judgment the Court confirmed the drivers disrupted business at Uzuri Foods Limited and concluded dismissal was on valid ground. The Claimant, parked at Uzuri Foods from 5th to 17th May 2016 in solidarity with driver Sindano's shortfall, was part of the illegal strike.
Procedural fairness of termination
Termination was not executed fairly; the procedure was flawed and the termination unfair to that extent.
Despite the valid reason, the Respondent failed to follow fair procedure: no letter to show cause was issued, no disciplinary charges were drawn, no invitation to a disciplinary hearing was extended, and no hearing was conducted. The CBA itself required a warning before discipline in strike situations, and no warning was issued. Substantive validity cannot cure procedural deficiency under employment law.
The Respondent's Counterclaim for Kshs. 4 million
The Counterclaim was declined.
The Respondent's HR Manager conceded there was no auditor's report substantiating the Kshs. 4 million loss; the loss was said to be loss of user only; the goods (wheat and cereals) were not damaged; management never visited Uzuri Foods Limited; the Respondent did not seek the Court's intervention during the strike; and the trucks were driven back to base. The evidence could not sustain the quantum claimed.
Legal principles established
#- Dismissal for participation in an illegal strike may be for a valid reason, but termination without notice to show cause, disciplinary charges, invitation to a hearing, and hearing itself is procedurally unfair.
- Where facts in a subsequent claim are identical to a previously determined claim between the same parties' counsel, the court's earlier findings should apply.
Court orders
#- 1.Declared that termination was based on valid reason, but flawed procedure, and to that extent, unfair
- 2.The Respondent shall pay to the Claimant equivalent of 2 months' salary in compensation for unfair termination at Kshs. 50,882
- 3.The Counterclaim is declined
- 4.No order on the costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment and Labour Relations Court Act); judgment does not cite a specific provision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango v Sunny Haulier Limited (Cause 1243 of 2016) [2024] KEELRC 1445 (KLR)", Case Analysis (2024). Employment and Labour Relations Court Cause (filed 24th June 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1445/eng@2024-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.