Kiarie v Board of Management Nguku Secondary School (Employment and Labour Relations Appeal E013 of 2024) [2025] KEELRC 795 (KLR)
The bottom line
#A Kenyan court upheld a school secretary's dismissal because she never responded to a show-cause letter, though she must still receive her certificate of service.
What this practically means
#Executive summary
#Key legal issues
#Validity of the reason for termination under sections 43 and 45 of the Employment Act
The termination was substantively fair; the allegations of dismal performance, lateness and insubordination constituted a valid reason amounting to a fundamental breach justifying summary dismissal under section 44.
The termination letter cited poor performance of the Receptionist/Typist office. Although the minutes did not show a formal performance evaluation, letters dated 24th October 2019 and BOM minutes of 17th October 2019 accused the appellant of dismal performance, lateness and failure to deliver a letter. The court was satisfied these allegations justified termination and warranted summary dismissal under section 44.
Procedural fairness of the termination
The procedure was fair because the appellant was served with a show cause letter giving her an opportunity to respond, which she failed to utilise.
The employer was instructed by the BOM to take action against the appellant. She was afforded an opportunity to defend herself in writing by responding to the show cause letter dated 24th October 2019 but failed to respond, thereby squandering the opportunity to deny the allegations and to open an oral hearing. The court held such conduct bars the employee from raising the fairness issue in court.
Reliefs payable on termination
All reliefs failed except a certificate of service under section 51 of the Employment Act, which the trial court erred in denying.
Having found the dismissal fair, compensation and notice pay were unavailable. Claims for underpayment, allowances and gratuity lacked particulars and evidential support; the appointment letter did not provide for gratuity. Aggravated and punitive damages were unjustified. The certificate of service is a statutory entitlement and the only relief granted.
Legal principles established
#- An employee who squanders the opportunity to respond to a show cause letter is barred from complaining in court that she was not heard before termination.
- On a first appeal the court re-evaluates the evidence and draws its own conclusions, while making due allowance for not having seen or heard the witnesses.
Court orders
#- 1.The appeal is dismissed with costs save for the award of a certificate of service.
- 2.The respondent is to issue a certificate of service to the appellant forthwith.
- On appeal from
- Magistrates' Court (Employment and Labour Relations jurisdiction)
- Not stated
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court (Employment Act claims appealed from the magistrates' court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiarie v Board of Management Nguku Secondary School (Employment and Labour Relations Appeal E013 of 2024) [2025] KEELRC 795 (KLR)", Case Analysis (2025). Not stated in judgment (Memorandum of Appeal dated 20th June 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/795/eng@2025-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.