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ELRCPartially AllowedNot stated in the judgment extract (ELRC Claim, Nairobi)· [2025] KEELRC 192 (KLR)

Shitsama v Kenya Meat Commission (Cause 612 of 2019) [2025] KEELRC 192 (KLR)

Employment and Labour Relations Court
31 January 2025
3,754 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An employer must actually hear and decide workplace disciplinary appeals—ignoring an appeal makes an otherwise fair dismissal unfair under Kenyan law.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent State Corporation as Production Manager with effect from 1st August 2016 at a monthly salary of Kshs. 240,000, was blamed for an embarrassing failure to showcase the slaughter process during a visit by the President of Seychelles on 4th April 2017. He was issued a letter to show cause, interdicted on half salary, interdiction was extended by two months, and after a disciplinary hearing on 21st September 2017 he was summarily dismissed for gross misconduct on 28th September 2017. He appealed to the Board, but the appeal was never heard or determined, and he had to seek the intervention of the Ombudsman to access disciplinary records. The Claimant sought damages for unlawful and unfair termination, loss of earnings until retirement, service pay, and costs. The Court found the primary disciplinary process procedurally fair under Sections 41 and 45 of the Employment Act, and held there were valid and sufficient reasons for termination under Sections 43 and 45, as the Claimant was in charge of production and failed in his assigned role. However, the appellate stage of the disciplinary process was fundamentally flawed: the Respondent received the appeal and slept on it, contrary to the Fair Administrative Action Act, 2015. To that extent termination was declared unfair and unlawful. Loss of earnings and service pay were declined. The Claimant was awarded the equivalent of 1 ½ months' salary (Kshs. 360,000) in compensation, with interest at court rate from the date of judgment, and no order as to costs. Judgment dated and released electronically at Nairobi on 31st January 2025, by James Rika, Judge.

Key legal issues

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01

Procedural fairness of the primary disciplinary hearing

Holding

The primary hearing met the standards of Sections 41 and 45 of the Employment Act

Reasoning

The process was preceded by investigation, interdiction, and notice; the hearing was not rushed and investigations took about six months. The Claimant knew the charges and his procedural rights. The Managing Commissioner's attendance raised no prejudice as he had no special vote and nothing betrayed a prejudicial mind.

p. 5
02

Fairness of the appellate stage of the disciplinary process

Holding

The appeal process was flawed; the Respondent received the appeal and did not hear or determine it

Reasoning

The Claimant requested disciplinary records to prosecute his appeal; the Respondent exhibited nothing showing the records were supplied, and there was no record of the appeal being heard or of an outcome with reasons. The Claimant had to seek the Ombudsman's intervention. This breached Sections 41 and 45 of the Employment Act read with Section 4 of the Fair Administrative Action Act and the Human Resource Manual.

p. 6
03

Validity of the reason for termination

Holding

There was a valid and sufficient reason - gross misconduct in failing to coordinate production during the presidential visit

Reasoning

The Claimant, as Production Manager, was in charge of production including slaughter operations during the visit. He had attended preparatory meetings, raised no concerns about internal challenges, and had earlier been cautioned over inefficiencies. The Court was not persuaded that internal challenges such as finances or power supply excused his failure; a demonstration with even a few animals would have sufficed.

p. 7
04

Remedies

Holding

Unfair termination declared; compensation of 1 ½ months' salary awarded; other reliefs declined

Reasoning

To the extent the appeal procedure was flawed, termination was unfair and unlawful. Loss of earnings to retirement and service pay were not warranted. Noting his short service of about one year and two months and his significant role leading to termination, equivalent of 1 ½ months' salary (Kshs. 360,000) was awarded.

p. 7

Legal principles established

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  • Where a disciplinary procedure allows for an appeal, the employer must hear and dispose of the appeal fairly, with notice of the outcome and reasons; receiving an appeal without hearing it breaches fair hearing requirements under Section 41 and 45 of the Employment Act read with Section 4 of the Fair Administrative Action Act, 2015.

Court orders

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  1. 1.It is declared that termination was unfair
  2. 2.The Respondent shall pay to the Claimant equivalent of 1 ½ months' salary in compensation for unfair termination at Kshs. 360,000
  3. 3.No order on the costs
  4. 4.Interest granted at court rate, from the date of Judgment, till payment is made in full
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (Sections 41, 43, 45) and the Fair Administrative Action Act, 2015

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Shitsama v Kenya Meat Commission (Cause 612 of 2019) [2025] KEELRC 192 (KLR)", Case Analysis (2025). Not stated in the judgment extract (ELRC Claim, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/192/eng@2025-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.