Wanyoike v Human Resource Management Professional Board Examination Board (Employment and Labour Relations Petition E183 of 2023) [2024] KEELRC 2781 (KLR)
The bottom line
#A Kenyan court found a state corporation's dismissal unfair because the employee wasn't told she could bring a companion to her disciplinary hearing, awarding her nearly Kshs. 2 million.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent followed due process in terminating the Petitioner
The Respondent failed both substantive justification and procedural fairness; the dismissal was unfair.
The reasons in the dismissal letter (insubordination) were inconsistent with and not substantially raised in the notice to show cause, and the evidence pointed to an error rather than a deliberate act. Procedurally, the Petitioner was not informed of her right to be accompanied by a witness or union representative at the hearing, was unrepresented while the Respondent had a senior legal officer, and the panel chair allegedly left before she presented her case. The court held the Respondent did not follow due process.
Whether the Petitioner is entitled to the relief sought
Partially - six months' salary as general damages, the unpaid 10% acting allowance of Kshs.242,678, interest and costs; reinstatement refused.
Having found unfair dismissal, the court awarded compensation equivalent to six months' salary and the unpaid acting allowance, holding that this compensation was sufficient. The claim for the substantive CEO salary was not granted, and reinstatement was declined despite the earlier PSC reinstatement decision having been set aside on review.
Who should bear the costs
The Petitioner was awarded the costs of the petition.
Having succeeded in establishing unfair termination, the Petitioner was granted costs in accordance with the ordinary principle that costs follow the event.
Legal principles established
#- For a termination to be fair there must be both substantive justification (a valid and fair reason) and procedural fairness.
- An employee facing disciplinary hearing has a right to be accompanied by a fellow worker or union representative of her choice under Section 41 of the Employment Act.
- An employer whose reasons for dismissal in the dismissal letter are inconsistent with those in the notice to show cause, and who fails to prove insubordination, has not established substantive justification.
Court orders
#- 1.General damages equivalent to six months' salary: Kshs.283,200 x 6 = Kshs.1,699,200 (as computed in the judgment)
- 2.Acting allowance of Kshs.242,678 being the 10% not paid while acting Chief Executive Officer
- 3.Total award of Kshs.1,941,878 plus interest at 14% per annum from the date of judgment until full payment
- 4.Prayer for reinstatement not entertained
- 5.Costs of the petition to the Petitioner
- Jurisdiction invoked
- Constitutional petition under Articles 27, 28, 29, 41, 47 and 50 of the Constitution of Kenya, 2010 read with the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanyoike v Human Resource Management Professional Board Examination Board (Employment and Labour Relations Petition E183 of 2023) [2024] KEELRC 2781 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2781/eng@2024-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.