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ELRCDismissedAppeal from Mavoko CMEL No. E115 OF 2020· [2025] KEELRC 464 (KLR)

Royal Clothing EPZ Limited v Muomo (Employment and Labour Relations Appeal E024 of 2023) [2025] KEELRC 464 (KLR)

Employment and Labour Relations Court
20 February 2025
6,044 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~24 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that firing a worker without a proper, documented hearing makes the dismissal unfair, even where misconduct is alleged.

What this practically means

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Executive summary

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This was a first appeal to the Employment and Labour Relations Court at Nairobi against the judgment of the Principal Magistrate's Court at Mavoko (Hon. E.K Suter, PM) which had declared the termination of the Respondent, a mass production machinist, unlawful and unfair and awarded him one month's salary in lieu of notice and three months' salary as compensation. The Appellant contended that the dismissal was both substantively and procedurally fair, that a disciplinary hearing was held, and that the compensation award was excessive given the Respondent's short service and contributory misconduct. The Court, guided by Selle v Associated Motor Boat Co., re-evaluated the evidence and identified two issues: whether the dismissal was procedurally unfair, and whether the compensation award was erroneous. It found the show cause letter, the alleged response and the dismissal all bore the same date (3rd June 2021); that the alleged response was dated 2nd June 2021, a day before the show cause letter; and that the disciplinary hearing report related to an earlier incident of absenteeism in March 2021 and bore an altered date, indicating a serious attempt to mislead the court. No proof of a disciplinary hearing relating to the June 2021 incident was established, contrary to section 41 of the Employment Act. The Court upheld the trial court's findings and the three months' compensation, holding it was not inordinately high given the length of service and the remaining contract period, applying Mbogo v Shah. The appeal was dismissed with costs to the Respondent and the trial judgment and decree upheld.

Key legal issues

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01

Whether the summary dismissal of the Respondent was procedurally fair under section 41 of the Employment Act

Holding

The dismissal was procedurally unfair; the Appellant did not prove a disciplinary hearing related to the 3rd June 2021 incident was held, the show cause letter, response and dismissal all bore the same date, and the disciplinary report had an altered date and related to earlier absenteeism.

Reasoning

The Court re-evaluated the evidence on first appeal. The disciplinary hearing report produced by the Appellant bore an altered date and charged absenteeism from 9th to 22nd March 2021, not the alleged misconduct of 3rd June 2021. The claimant's alleged response was dated 2nd June 2021, a day before the show cause letter, which the Court found doubtful. The trial court's application of section 41 and reliance on Kisii Bottlers was upheld.

p. 8
02

Whether the award of three months' salary as compensation was excessive

Holding

The award of three months' salary was not inordinately high, taking into account the length of service, the remaining contract period, and the Appellant's serious attempt to mislead the court.

Reasoning

The Court noted the Respondent's one-year contract was due to end in December 2021 and he had been employed since September 2020. The trial court relied on Kisii Bottlers where a similarly unheard employee was awarded three months. Guided by Mbogo v Shah, the Court found no basis to interfere with the trial court's discretionary award, especially given the Appellant's attempt to mislead the court through an altered document.

p. 10

Legal principles established

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  • On first appeal, the court has a duty to re-evaluate the evidence before the trial court while making due allowance for not having seen or heard the witnesses
  • An appellate court will not interfere with the exercise of discretion by an inferior court unless the decision is clearly wrong, based on misdirection or failure to consider relevant matters
  • Compliance with section 41 of the Employment Act requires the employer to explain the reasons for termination to the employee in a language the employee understands, allow a representative, and hear and consider the employee's representations

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent
  2. 2.The Judgment and Decree of the Principal Magistrate's Court at Mavoko delivered by Honourable E.K Suter (PM) on the 17th February 2023 in Mavoko CMEL No. E115 OF 2020 is upheld
On appeal from
Principal Magistrate's Court at Mavoko
Mavoko CMEL No. E115 OF 2020
Jurisdiction invoked
First appellate jurisdiction over appeals from subordinate courts in employment and labour relations matters (Employment and Labour Relations Court Act)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Royal Clothing EPZ Limited v Muomo (Employment and Labour Relations Appeal E024 of 2023) [2025] KEELRC 464 (KLR)", Case Analysis (2025). Appeal from Mavoko CMEL No. E115 OF 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/464/eng@2025-02-20

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