Eskodoye v Carslake Nominees Limited t/a Diani Sea Resort (Appeal E072 of 2023) [2025] KEELRC 337 (KLR)
The bottom line
#A Kenyan court ruled a hotel unfairly fired its stores clerk because it proved no wrongdoing and denied her a companion at the disciplinary hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether termination was substantively unfair
Yes - the charge of failure to update inventory records was not proved on a balance of probability
The show cause letter accused the Appellant of intentionally failing to update store inventory records. She denied it, attributing delays to delayed posting of invoices in the G.I.N, which was not shown to be her duty per her job description. The Respondent produced no inventory records, no audit report, and no proof of loss. Summary dismissal under Section 44(4)(c) and (g) was therefore unjustified.
Whether termination was procedurally unfair
Yes - Section 41 breached
The show cause/suspension/invitation letter did not inform the Appellant of her right to be accompanied by a fellow employee or union official at the disciplinary hearing, contrary to the mandatory provisions of Section 41 of the Employment Act.
Whether reliefs were deserved
Partially - three months' compensation, one month in lieu of notice, and unpaid leave awarded; underpayment, defamation and hardship claims declined
Having found unfair termination, the court awarded three months' salary as compensation considering the Appellant was in her first month after the fixed-term contract lapsed. Notice pay was granted under Section 35(1)(c). Underpayment and defamation claims failed for lack of proof.
Legal principles established
#- Fair termination requires both substantive justification and procedural fairness
- A first appellate court must subject the whole evidence to a fresh and exhaustive scrutiny
- Failure to inform an employee of the right to be accompanied at a disciplinary hearing breaches Section 41 of the Employment Act
Court orders
#- 1.Judgment entered for the Appellant against the Respondent: compensation for unfair termination Kshs.119,697/=; payment in lieu of notice Kshs.39,899/=; unpaid leave days Kshs.8,574/=; total Kshs.168,170/=
- 2.Awarded sum subject to statutory deductions applicable at termination pursuant to Section 49(2) of the Employment Act
- 3.Interest on the awarded sum at court rates from the date of the trial court's judgment
- 4.Appellant awarded costs of both the appeal and proceedings in the court below; appeal costs taxed on the lower scale
- 5.Trial court's finding that termination was lawful and fair set aside
- On appeal from
- Mombasa Chief Magistrate's Court (Employment Case No. E066 of 2020)
- E066 of 2020
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court's employment decision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eskodoye v Carslake Nominees Limited t/a Diani Sea Resort (Appeal E072 of 2023) [2025] KEELRC 337 (KLR)", Case Analysis (2025). Appeal No E072 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/337/eng@2025-02-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.