Nyakongo v Kenya Forestry Research Institute (KEFRI) (Cause E018 of 2024) [2025] KEELRC 653 (KLR)

The court held that internal disciplinary proceedings are a private process between employer and employee aimed at protecting the business, while a criminal trial is a public process by the state. The two processes are independent with different standards of proof, and no provision of the Employment Act or PSC Regulations requires an employer to follow criminal investigations, findings or court decisions. Here the respondent's internal audit and interdiction preceded the charge by over a year.

An internal audit report implicated the claimant in forging the ARD's signature on payment vouchers, irregular payment of DSA using duplicate work tickets, and improper custody of the fuel card. Applying Section 43 and the range of reasonable responses test, the court found a reasonable employer could dismiss on those facts; the criminal standard did not apply to the employer's determination.

The court found the respondent failed to show service of the hearing notice (the copy bore no acknowledgment), that no notice to show cause was proved, that the minutes of the disciplinary meeting lacked essential details, and that the Board dealt with a reinstatement request rather than the appeal, over a year after dismissal. Section 41 compliance is mandatory and Section 45(4) and (5) require justice and equity including proper handling of appeals.

Reinstatement was impracticable given the claimant's contribution to the separation and lack of evidence of a vacant position. Anticipatory earnings claims (salary, house allowance, leave pay to 2030) were rejected. Compensation was fixed at three months' gross salary because although the claimant served about 32 years, he substantially contributed to his dismissal by his conduct and refusal to provide a specimen signature or clear.