Obachi v Mount Kenya University (Cause 44 of 2015) [2024] KEELRC 1623 (KLR)
The bottom line
#Mount Kenya University must pay a former security guard over Kshs.717,000 because it sacked him without proof of misconduct or a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal was wrongful, unfair and unlawful
Yes - the dismissal failed both substantive and procedural fairness.
The respondent produced no evidence that the claimant was on duty on the day the iron sheets were removed, or that he authorised the removal. A gate pass showed another guard was on duty. No theft was reported to police and no one was charged. Procedurally, no show-cause letter was issued, no witnesses were called, and the claimant was not informed of his rights. The court therefore held the dismissal lacked both substantive grounds and fair procedure.
Whether the claimant served as acting security officer and was entitled to the salary differential
Yes - the court found he was appointed acting security officer and awarded the claimed differential of Kshs.181,000.
Despite date anomalies in the appointment letters, the claimant signed correspondence as acting security officer without any rebuttal or retraction by the respondent, and the documents were produced without objection. The court found the claimant served in that role at a gross monthly pay of Kshs.20,000, forming the basis of the differential claim.
What compensation is payable for the unfair dismissal
Compensation equivalent to the unexpired 15 months of the claimant's two-year contract at Kshs.20,000 per month, totalling Kshs.300,000.
The claimant was dismissed 15 months before the expiry of his contract running from 1st November 2013 to 31st October 2015. The court held the loss suffered was denial of the opportunity to work until expiry of the contract through effluxion of time, and awarded the gross salary he would have earned for those 15 months, subject to statutory deductions.
Legal principles established
#- An employer must demonstrate genuine and reasonable grounds for disciplinary action to the standard in Section 43 of the Employment Act.
- Procedural fairness requires a show-cause letter, particulars of charges, and disclosure of the employee's rights including accompaniment by a co-worker or union representative.
- Unfair termination requires both substantive justification and fair procedure, which are cumulative.
Court orders
#- 1.A declaration be and is hereby issued that the dismissal of the claimant by the respondent was wrongful, unfair, and unlawful.
- 2.Payment in lieu of notice Kshs.20,000.00
- 3.Salary differential/arrears Kshs.181,000.00
- 4.House allowance in arrears Kshs.109,575.55
- 5.Underpayments Kshs.107,361.25
- 6.Compensation for unfair termination equivalent to the remainder of the contract term Kshs.300,000.00 (grand total Kshs.717,936.80), subject to statutory deductions
- 7.The respondent shall issue and deliver to the claimant a certificate of service within 30 days of this judgment
- 8.The claimant is awarded costs of the cause and interest on the amount awarded at court rates till payment in full
- 9.All the other claims are denied and dismissed
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Obachi v Mount Kenya University (Cause 44 of 2015) [2024] KEELRC 1623 (KLR)", Case Analysis (2024). ELRC Cause No. 44 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1623/eng@2024-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.