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ELRCPartially AllowedNot stated in judgment

Sang v Siginon Group Limited (Cause 613 of 2019) [2025] KEELRC 724 (KLR)

Employment and Labour Relations Court
7 March 2025
1,265 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimant, employed by the respondent on 01.11.2018 as Group Human Resource and Administration Manager, was dismissed by letter dated 13.09.2019 on two grounds: omission of her three-month service with Eco Bank from her CV, and insubordination in failing to provide her employment history in a prescribed form as directed by the Managing Director's email of 15.07.2019. She claimed the dismissal was unprocedural, unfair and discriminatory, alleging she was singled out as a woman, and sought reinstatement, damages for discrimination, or alternatively 12 months' compensation and notice pay. The respondent maintained the reasons and procedure were fair. The court, per Byram Ongaya, Principal Judge, held that the respondent substantially complied with section 41 of the Employment Act: the claimant received and responded to the show cause letter, attended the disciplinary hearing, the panel was constituted per her demands, and she opted not to appeal. The belated provision of particulars caused no prejudice as the information was within her personal knowledge. The claimant herself confirmed the reasons, which the court found fair and valid under sections 43 and 45. The discrimination claim failed for lack of evidence of comparators. However, since the claimant had not cleared with the respondent and there was no counterclaim, the court ordered payment of terminal dues as enumerated in the termination letter - salary up to 13.09.2019, three months' notice pay, accrued leave, and pension per the Scheme Rules - with each party bearing its own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the reasons for the claimant's termination were fair and valid
  2. 2.Whether the procedure leading to termination complied with section 41 of the Employment Act
  3. 3.Whether the claimant was discriminated against on account of her gender contrary to Article 27 of the Constitution

Key legal issues

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01

Procedural fairness of termination

Holding

Respondent substantially complied with section 41; no prejudice from belated particulars

Reasoning

The claimant received a show cause letter, responded, was given requested information, attended the disciplinary hearing, and the panel was constituted per her demands with the Board Chairperson recusing. She chose not to appeal. The court found the procedure fair and any belated provision of particulars non-prejudicial since the information was within her personal knowledge.

p. 3
02

Validity of reasons for termination

Holding

The two reasons - omission of Eco Bank service from the CV and failure to provide employment history per direction - were fair and valid

Reasoning

The claimant testified she worked at Eco Bank for three months and omitted that from her CV at recruitment, and confirmed she neglected to provide her employment history as directed by 18.07.2019. The respondent's witness confirmed the reasons. The court found the reasons fair and valid under sections 43 and 45 of the Employment Act.

p. 3
03

Alleged gender discrimination

Holding

Discrimination claim failed for want of evidence of comparators

Reasoning

The claimant alleged she was singled out as a woman while male counterparts with incomplete records were not disciplined. The court found she provided no evidence of such men or that no disciplinary proceedings were preferred against them, and that she was terminated for her own misconduct, not her gender. The discrimination claim collapsed as unjustified.

p. 3

Legal principles established

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  • Substantial compliance with section 41 notice and hearing procedure suffices; belated provision of particulars is not prejudicial where the information is within the employee's own knowledge
  • A claimant alleging gender discrimination must adduce evidence of comparators treated differently
  • Terminal dues per the termination letter are payable even absent a counterclaim

Court orders

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  1. 1.The respondent to compute and pay the claimant per the termination namely monthly salary up to 13.09.2019
  2. 2.Payment of 3-months' salary in lieu of notice
  3. 3.Payment for leave days earned and not taken
  4. 4.Payment of pension in accordance with Scheme Rules
  5. 5.Each party to bear own costs of the suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007

Relief refused

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Declaration that dismissal was unprocedural, unfair, unlawful and unconstitutional

Court found procedure and reasons both fair

p. 3

General damages for discrimination

Claimant failed the test for establishing discrimination

p. 3

Reinstatement and permanent injunction

Dismissal upheld; suit otherwise determined

12 months' compensation for unfair termination

Termination found fair and valid

p. 3

Costs

Each party to bear own costs of the suit.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Court finds that the respondent substantially complied with the procedure on notice and hearing per section 41 of the Employment Act, 2007.
p. 3Procedural fairness under section 41
It is not shown that her employment was terminated on account of her being a woman.
p. 3Discrimination
The respondent to compute and pay the claimant per the termination namely monthly salary up to 13.09.2019; 3-months' salary in lieu of notice; leave days earned and not taken; and, pension in accordance with Scheme Rules.
p. 3Final orders

Issues in the judgment

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minor

Judgment states termination letter was dated 13.09.2021 in one passage but 13.09.2019 elsewhere

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, "Sang v Siginon Group Limited (Cause 613 of 2019) [2025] KEELRC 724 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/724/eng@2025-03-07

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