Kemboi v Kenya Medical Laboratory Technicians and Technologists Board (Cause E842 of 2023) [2025] KEELRC 948 (KLR)
The bottom line
#A Kenyan regulator was ordered to pay an ex-employee Ksh. 480,000 after terminating her verbally, without notice, reasons or a disciplinary hearing.
What this practically means
#Executive summary
#Key legal issues
#Existence of employment relationship
The Claimant was proved to be an employee of the Respondent on the basis of her identity document and correspondence introducing her as an Inspector
The Claimant produced a work identity document and correspondence by the Respondent introducing her as one of its Inspectors. On that uncontroverted evidence the court was satisfied that an employment relationship existed.
Lawfulness and fairness of termination
The termination was without notice, without reasons and without a disciplinary process, and was therefore irregular and unlawful
The Respondent did not enter appearance or defend the suit, so the Claimant's uncontroverted testimony that she was verbally terminated without notice or reason stood. The court found no compliance with the procedural and substantive fairness requirements of the Employment Act.
Quantum of salary for assessment of awards
In the absence of clear evidence of the agreed monthly salary, the lower ebb of the pay, Ksh. 60,000.00, was adopted
The Claimant produced no pay slips; only bank statements showing erratic deposits described variously as duty allowances and per diems, ranging from Ksh. 9,000.00 to Ksh. 84,000.00. The court adopted the lower figure the Claimant herself identified as the lowest ebb of her pay.
Remedies for unfair termination
Compensation equivalent to seven months' gross salary under section 49 of the Employment Act plus one month's notice pay were awarded; other claims failed for want of evidence
Having found unfair termination, the court invoked section 49 of the Employment Act to award seven months' compensation (Ksh. 420,000.00) and, as no notice was issued, one month's notice pay (Ksh. 60,000.00). Allowances, underpayment and leave commutation claims were declined for lack of evidence.
Legal principles established
#- The employer bears the burden of justifying termination and according fair procedure
- Uncontroverted evidence stands where a party fails to enter appearance and defend the suit
Court orders
#- 1.Declaration that the termination of the Claimant's employment was irregular and unlawful
- 2.Award of compensation equivalent to seven months' gross salary, Ksh. 420,000.00
- 3.Award of one month's pay in lieu of notice, Ksh. 60,000.00
- 4.Interest on the awarded amounts at court rates from the date of the decision
- 5.Costs of the case to the Claimant
- 6.Any other relief sought but not granted is deemed declined
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboi v Kenya Medical Laboratory Technicians and Technologists Board (Cause E842 of 2023) [2025] KEELRC 948 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/948/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.