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ELRCPartially AllowedNot stated in the judgment text provided· [2025] KEELRC 488 (KLR)

Hayombe v Kenya Water Institute (Cause E151 of 2022) [2025] KEELRC 488 (KLR)

Employment and Labour Relations Court of Kenya
20 February 2025
8,938 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~36 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that firing a CEO without valid reasons or a fair hearing was unlawful, awarding him about Kshs 4.9 million.

What this practically means

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Executive summary

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The Claimant, formerly Director/Chief Executive Officer of the Kenya Water Institute under a three-year contract dated 30th September 2020, sued challenging his summary dismissal by letter dated 3rd February 2022. He had been sent on 30 days' compulsory leave on 26th November 2021 to investigate alleged irregular recruitment of 82 staff, extended by a further 30 days. On 2nd February 2022 he received an email attaching a show-cause letter dated 27th January 2022 and inviting him to a disciplinary hearing on 3rd February 2022 (the email erroneously stating 3rd January). He responded the same day, mourning his sister's death, requesting the audit report, access to his office, clarification of the date, and a rescheduling. His services were terminated the next day for desertion of duty and non-attendance. The Respondent justified the dismissal as gross misconduct under section 44(3) of the Employment Act, also alleging a second salary from Jaramogi Oginga Odinga University. The court framed three issues: validity of reasons, due process, and remedies. It held that absconding did not arise since the claimant was still on extended compulsory leave, that the clause 5 performance ground was vague, and that no valid reasons were proved under section 43. The disciplinary process was procedurally flawed: the claimant was denied the audit report, adequate notice, and an adjournment, contrary to sections 41 and 45 of the Employment Act and section 4 of the Fair Administrative Action Act. The termination was therefore unfair. The court awarded one month's salary in lieu of notice (Kshs 491,268) and 8 months' compensation (Kshs 4,421,412 less statutory deductions), plus costs and interest from the date of judgment. Reinstatement, house allowance, severance pay and a certificate of service were not granted, making the outcome a partial success for the claimant.

Key legal issues

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01

Whether there were valid reasons for termination

Holding

No valid reasons were established; the grounds in the termination letter (absconding duty and non-performance) were not proved - absconding did not arise as the claimant was still on compulsory leave, and the non-performance ground was vague

Reasoning

The termination letter cited desertion from 27th January 2022 and clause 5 of the contract (termination on performance). The court found the claimant was still on extended compulsory leave and had not been recalled, so absconding did not arise. Clause 5's performance ground was vague with no particulars of what the claimant did or failed to do. Other allegations investigated were never brought out in the termination letter, so reasons were not established under section 43.

p. 15
02

Whether due process was followed

Holding

The disciplinary process was procedurally unfair: the claimant was not given the audit report, adequate notice, or an adjournment despite requesting them, so his right to a fair hearing was denied

Reasoning

The claimant was invited to a hearing by email at 12:05 a.m. on 2nd February 2022 for a hearing on 3rd February 2022, attached to a show-cause letter dated 27th January 2022. He promptly responded requesting the audit report, clarification of the erroneous meeting date, access to his office, and a rescheduling. All requests were ignored and his services were terminated the next day, contrary to sections 41 and 45 of the Employment Act and section 4(3) and (4) of the Fair Administrative Action Act.

p. 16
03

Whether the termination was unfair

Holding

Having found no due process and no valid reason, the termination was unfair and unjustified under section 45(2) of the Employment Act

Reasoning

Section 45(2) renders a termination unfair where the employer fails to prove a valid reason, a fair reason related to conduct, capacity or compatibility or operational requirements, and compliance with fair procedure. Both limbs - validity of reasons and fair procedure - failed on the evidence, so the dismissal could not stand.

p. 17
04

Remedies

Holding

The claimant was awarded one month's salary in lieu of notice and 8 months' compensation for unfair termination, less statutory deductions, plus costs and interest

Reasoning

Although the claimant sought reinstatement or, in the alternative, up to 12 months' compensation, the court awarded monetary relief only: notice pay of Kshs 491,268 and 8 months' compensation (Kshs 4,421,412) for the injustice of not being heard, plus costs and interest. Reinstatement and other heads were not granted.

p. 17

Legal principles established

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  • An employer bears the burden of proving the reason or reasons for termination, failing which the termination is deemed unfair
  • Where administrative action adversely affects a person's rights, the administrator must give prior and adequate notice, an opportunity to be heard, and the information, materials and evidence to be relied upon

Court orders

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  1. 1.Respondent to pay the claimant one month's salary in lieu of notice of Kshs 491,268/-
  2. 2.Respondent to pay compensation for unlawful termination of 8 months' salary (8 x Kshs 491,268/-) totalling Kshs 4,421,412/- less statutory deductions
  3. 3.Respondent to pay costs of the suit plus interest at court rates with effect from the date of judgment
Jurisdiction invoked
Original jurisdiction of the Employment and Labour Relations Court over employment and labour relations disputes (Employment Act, 2007; the claim asserts the court's jurisdiction to hear the dispute)

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, "Hayombe v Kenya Water Institute (Cause E151 of 2022) [2025] KEELRC 488 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/488/eng@2025-02-20

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