Kebongo v Barclays Bank of Kenya Limited Presently Known as ABSA Bank Kenya PLC (Cause 460 of 2017) [2025] KEELRC 134 (KLR)
The bottom line
#A Kenyan court found a banker resigned voluntarily, not constructively dismissed, but ordered her employer to purge disciplinary letters from her file.
What this practically means
#Executive summary
#Key legal issues
#Whether the ruling of 11th May 2017 conclusively dealt with matters within the respondent's knowledge as at 3rd February 2017
Yes; matters known to the respondent as at 3rd February 2017 were resolved by Mbaru J's ruling and could not be revisited
The court noted Mbaru J's ruling restrained further disciplinary action on matters within the respondent's knowledge as at 3rd February 2017, ordered the claimant back to work in a similar role, and directed that the respondent address the relationship with Mr Godwin Onungah. The court construed that as a clean page; revisiting the same issues would contradict the orders and amount to res judicata.
Whether the claimant was constructively dismissed
No; she resigned voluntarily and the resignation was accepted
The resignation letter dated 21st August 2017 contained no adverse background or complaint of bullying, harassment or humiliation; those grievances appeared only in the exit interview. The show cause letter of 22nd August 2017 was unsigned by both author and recipient and thus of no probative value. The claimant was paid terminal dues, cleared and issued a certificate of service.
Whether the claimant was entitled to the constitutional and other reliefs sought
No; the claims were corollary to unfair termination which was not found, and no evidence showed adverse disciplinary processes after the ruling
Having found the claimant resigned and was not terminated, the court declined to delve into discrimination and constitutional violations, as they were corollary to a finding of unfair termination. Apart from the impugned unsigned show cause letter, no evidence showed adverse disciplinary processes after 11th May 2017. However, the court granted the order to purge the file, deeming it fit in light of Mbaru J's ruling.
Legal principles established
#- A resignation letter that contains no complaint of mistreatment, coupled with acceptance of the resignation and payment of terminal dues, defeats a claim of constructive dismissal
- An unsigned show cause letter, neither signed by the author nor the recipient, has no probative value
- Issues conclusively dealt with in an earlier interlocutory ruling of the court cannot be revisited, amounting to res judicata
Court orders
#- 1.The claim for unfair termination is dismissed
- 2.The respondent is ordered to purge from the claimant's personnel file all show cause and warning letters issued to the claimant as at 3rd February, 2017 in line with the order issued by Mbaru J on 11th May, 2017
- 3.The respondent is permanently prohibited from considering or taking into account the show cause and warning letters issued to the claimant as at 3rd February, 2017, in any future employment opportunity within itself that the claimant may apply for and/or in any background check over the claimant a third party potential employer may seek from the respondent
- 4.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court (claim for unfair labour practice, constructive dismissal and constitutional violations in employment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kebongo v Barclays Bank of Kenya Limited Presently Known as ABSA Bank Kenya PLC (Cause 460 of 2017) [2025] KEELRC 134 (KLR)", Case Analysis (). Cause No 460 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/134/eng@2025-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.