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ELRCDismissedNot stated in the judgment as reproduced· [2025] KEELRC 713 (KLR)

Ashiono v Family Health International (FHI 360) (Cause 217 of 2020) [2025] KEELRC 713 (KLR)

Employment and Labour Relations Court
7 March 2025
7,795 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~31 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed a senior manager's unfair termination claim, holding the employer proved both a valid reason and fair disciplinary procedure.

What this practically means

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Executive summary

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The Claimant, formerly Chief of Party of the USAID-funded Afya Nyota ya Bonde HIV Service Delivery Support Activity, was terminated on 3rd April 2019 following a disciplinary hearing over falsified patient data: a discrepancy of 1,675 HIV patients between data reported to NASCOP/USAID/CDC and the Daily Activity Register for Nakuru Provincial Hospital, the creation of a second reconstructed DAR, and her alleged failure to report these matters. She sued for declarations of unfair and predetermined termination, 12 months' compensation under section 49 of the Employment Act, gratuity, leave pay, damages for the remainder of the contract, and a certificate of service. The Respondent defended the termination as substantively and procedurally fair. The court framed two issues: whether the termination was unfair and whether the reliefs were payable. It applied the twin test of valid reason and fair procedure, and the reasonable employer standard from British Leyland v Swift. It found the Claimant, as Acting COP, ultimately responsible for data integrity; she had acknowledged the discrepancy yet celebrated an inaccurate 95.4% DQA score, and could not shift blame to the M&E Director. On procedure, the court found the show cause, hearing with a colleague of choice, notice pay, and appeal satisfied section 41, holding her document requests were an attempt to buy time. All reliefs were refused; the remainder-of-contract claim failed on the contract's termination clause, and the certificate of service prayer was abandoned. The claim was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the employer had valid and fair reasons for the termination under sections 43 and 45 of the Employment Act

Holding

Valid reasons existed - data celebrated by the Claimant was exaggerated and compromised data integrity

Reasoning

The Claimant, as Acting COP and overall supervisor, was ultimately responsible for data integrity under her job description. She acknowledged the discrepancy of 1,675 patients yet congratulated her team for an inaccurate 95.4% DQA score. Her attempt to blame the M&E Director failed since no queries were raised with that director. Applying the reasonable employer test, the dismissal fell within the band of reasonableness.

p. 13
02

Whether the termination procedure under section 41 was fair

Holding

Procedure was proper - show cause issued, response received, hearing attended with a colleague of choice, and appeal exercised

Reasoning

The Claimant received a show cause letter with three allegations, responded to it, attended the disciplinary hearing accompanied by a colleague of choice, and was paid in lieu of notice, with a right of appeal which she exercised. Her claim that documents were withheld failed because she had acknowledged the data integrity issues in her own email of 21st September 2018 and was fully aware of the charges.

p. 14
03

Whether the Claimant was entitled to the reliefs sought

Holding

None of the reliefs were granted as the termination was fair and terminal dues were paid

Reasoning

Having found valid reasons and fair procedure, and that terminal dues had been paid per the termination letter, the court held the Claimant was not entitled to any reliefs. The claim for the remainder of the project period also failed because the contract contained a termination clause exercisable by either party, and the certificate of service prayer was abandoned as the certificate had been issued.

p. 14

Legal principles established

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  • For a termination to be fair the employer must show both a valid reason and a fair procedure
  • The reasonableness test for dismissal is whether a reasonable employer could have dismissed on the facts - a band of reasonableness applies
  • An employee with ultimate supervisory responsibility for project data cannot pass responsibility for data integrity to subordinates
  • Where an employee is aware of the substance of the charges, a request for more documents at a disciplinary hearing may be an attempt to buy time

Court orders

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  1. 1.The claimant's claim is dismissed with costs.
  2. 2.It is so ordered (final disposition).
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 41, 43, 45, 49, 51) and Article 162(2) of the Constitution (implied by court's remit; not expressly cited in the reproduced judgment)

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, "Ashiono v Family Health International (FHI 360) (Cause 217 of 2020) [2025] KEELRC 713 (KLR)", Case Analysis (2025). Not stated in the judgment as reproduced. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/713/eng@2025-03-07

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