Ayora v United International States University -Africa (Cause E311 of 2020) [2025] KEELRC 1023 (KLR)
The bottom line
#Kenya's Employment Court ruled a university unfairly fired its security manager because it couldn't prove bribery allegations, awarding notice pay and six months' salary.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was lawful and fair
The termination was unlawful and unfair - the reason (soliciting a bribe) was not proved and the procedure was flawed
Under sections 43 and 45(2) of the Employment Act the employer had to prove a valid and fair reason and fair procedure. The investigation report was never produced, no M-Pesa evidence of the alleged Kshs. 30,000 bribe was tendered, the complainant never recorded a statement, and the emails relied on were found manipulated and inadmissible. The claimant's advocate of choice was denied entry to the hearing while the university was represented by its legal director. Substantive and procedural fairness both failed.
Admissibility of the emails produced by the respondent
The emails were inadmissible for manipulation and non-compliance with section 106B of the Evidence Act, and in any event of no probative value
The court found the audit trail of the emails suspicious: an allegedly continuous email bore signatures in between, the authors and recipients were never availed for cross-examination, and no certificate under section 106B(4) was produced. The court rejected the argument that the ELRC is a sui generis court exempt from the Evidence Act and declined to treat the certification requirement as a mere technicality under Article 159.
What reliefs the claimant was entitled to
Notice pay of one month and compensation equivalent of 6 months' gross salary; all other heads dismissed as outside section 49
Having found unfair dismissal, the court applied sections 35 and 49 of the Employment Act. Considering the 2014-2018 period of employment, the claimant's senior position, his age of 44 at exit affecting employability, the lack of proof of reasons, and the existence of pension, the court awarded the equivalent of 6 months' salary as compensation. Claims for 10 years' salary, general damages and loss of expectation fell outside section 49.
Legal principles established
#- An employer bears the burden of proving both valid reason and fair procedure for termination; failure to complete investigations and to prove the reason renders termination unfair
- Electronic evidence must comply with section 106B of the Evidence Act; manipulated emails without an audit trail or certificate are inadmissible and of no probative value
- An employee facing disciplinary charges is entitled to representation of choice where the employer is itself represented by an advocate; denial of that right violates fair procedure
Court orders
#- 1.A declaration that the termination of the claimant's employment was unlawful and unfair
- 2.Notice pay at gross pay of Kshs. 259,805 (September 2018 payslip) under section 35 of the Employment Act
- 3.Compensation for unfair termination of Kshs. 1,558,830/- equivalent of 6 months gross salary under section 49 of the Employment Act
- 4.Costs and interest at court rate from the date of judgment
- 5.Stay of 30 days granted
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court under the Employment and Labour Relations Court Act over a claim for unfair termination of employment
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Timothy v Co-operative Bank of Kenya Ltd (Cause E448 of 2023) [2025] KEELRC 2253 (KLR)[2025] KEELRC 2253 (KLR)25 Jul 2025
Cite this brief
#Cite this brief
Caselaw, "Ayora v United International States University -Africa (Cause E311 of 2020) [2025] KEELRC 1023 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1023/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.