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ELRCPartially AllowedPetition dated 9th April 2024 (number not stated in judgment)· [2025] KEELRC 828 (KLR)

Kyalo & 6 others v Kenya Railways Corporation & 8 others (Petition E049 of 2024) [2025] KEELRC 828 (KLR)

Employment and Labour Relations Court of Kenya
11 March 2025
HWHellen Wasilwa
12,655 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~51 min to read original · ~4 min brief

The bottom line

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Kenya Railways employees fired over forged certificates lost most claims but won the right to their pension and terminal dues.

What this practically means

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Executive summary

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Seven former employees of Kenya Railways Corporation petitioned the court under Articles 3(1), 10, 25, 27, 28, 43, 47 and 50 of the Constitution, alleging that their summary dismissals on grounds of forged academic certificates were unfair and unconstitutional, and that the withholding of their terminal dues, pension and NSSF benefits violated their rights. They sought declarations of rights violations, an injunction against adverse action including prosecution and salary recovery, payment of employment benefits, costs and interest. The Respondents countered that the Petitioners' certificates were confirmed forged by the certifying institutions (KNEC, the Kenya School of Law and the Kenya Institute of Management), that fair disciplinary processes were followed, and that the 4th Respondent's advisory directing that no benefits be processed for persons employed on fraudulent qualifications was within its statutory mandate. The court found that the Petitioners had forged their academic certificates to gain employment, that they were afforded proper disciplinary processes, and that the dismissals were valid and lawful under section 45(2) of the Employment Act. The claims of rights violations arising from the dismissal therefore failed. However, the court held that even on lawful summary dismissal, section 18(4) of the Employment Act requires payment of all dues to the date of dismissal, and that pension is an accrued right under section 5 of the Pension Act which cannot be withheld despite misconduct. Following Felister Waithegeni Mugweru v National Police Service Commission, the court declared the withholding of terminal dues unconstitutional and void, set that decision aside, and directed payment of the Petitioners' dues per their terminal letters, with no order of costs.

Key legal issues

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01

Whether the Petitioners' academic certificates were forged

Holding

The court found the forgery proved on the evidence from the certifying institutions

Reasoning

Verification reports from KNEC, the Kenya School of Law and the Kenya Institute of Management confirmed the certificates were not authentic, and the Petitioners offered only bare denials without evidence of enrolment or fee payment. The court accepted the institutions' findings as establishing that the certificates were forged and used to gain employment.

p. 21
02

Whether the disciplinary process and termination were fair

Holding

The termination was procedurally and substantively fair under section 45(2) of the Employment Act

Reasoning

The Petitioners were issued show-cause letters, given seven days to respond, some responded or resigned or requested early retirement, and all attended disciplinary hearings. They could not justify the authenticity of their documents. The court therefore held that valid reasons existed and due process was followed, so the dismissals were proper.

p. 21
03

Whether withholding terminal dues and pension benefits was constitutional

Holding

The withholding was unconstitutional and void, and the Petitioners were entitled to their dues

Reasoning

Relying on section 18(4) of the Employment Act and section 5 of the Pension Act, and applying Felister Waithegeni Mugweru v National Police Service Commission, the court held that dismissal for lawful cause does not disqualify an employee from accrued pension and benefits since services were rendered. The 4th Respondent's advisory could not lawfully defeat these accrued rights.

p. 22

Legal principles established

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  • Even where an employee is summarily dismissed for lawful cause, all moneys, allowances and benefits due up to the date of dismissal remain payable under section 18(4) of the Employment Act
  • Pension is an accrued right which cannot be denied or withheld on account of an employee's misconduct, because services were rendered; every officer has an absolute right to pension and gratuity

Court orders

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  1. 1.A declaration that the decision to withhold the Petitioners' terminal dues/pension/NSSF is unconstitutional, null and void, and that decision is set aside
  2. 2.A direction that the Petitioners be paid their dues as per their terminal letters
  3. 3.No order of costs
Jurisdiction invoked
Articles 22, 23(1) read with Article 165 of the Constitution of Kenya, 2010 (enforcement of the Bill of Rights)

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, "Kyalo & 6 others v Kenya Railways Corporation & 8 others (Petition E049 of 2024) [2025] KEELRC 828 (KLR)", Case Analysis (2025). Petition dated 9th April 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/828/eng@2025-03-11

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