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ELRCDismissedStatement of Claim dated 8th March 2023 (ELRC cause, Nairobi)· [2025] KEELRC 1055 (KLR)

Maina v NCBA Bank Kenya PLC (Cause E193 of 2023) [2025] KEELRC 1055 (KLR)

Employment and Labour Relations Court
3 April 2025
2,297 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed NCBA lawfully fired a banker for borrowing from a customer, dismissing his Kshs 31 million claim entirely.

What this practically means

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Executive summary

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The Claimant, employed by NIC Bank Kenya Limited (later merged into NCBA Bank Kenya PLC) from June 2014 and appointed Relationship Manager in 2021, sued for unlawful and unfair termination following a show cause letter dated 9th November 2022, a disciplinary hearing on 21st November 2022, and termination by letter dated 16th December 2022. The termination letter accused him of borrowing money from a bank customer, M/S Mbature Traders Limited, and colluding with a colleague, Chilumo Ringa, to facilitate a stock loan application for Zhamo Agencies Ltd where the final beneficiary was Mbature Traders, in breach of the Group Human Resource Policy. The Claimant complained that the charges were ambiguous and new, that he was denied legal representation, denied the investigation report, unable to cross-examine witnesses, and that the minutes were inaccurate. He sought notice pay, twelve months' compensation, loss of income to retirement, general damages for constitutional violations and discrimination, and a certificate of service. The Respondent maintained the process was fair. The court framed two issues: legality and fairness of the termination, and entitlement to remedies. Relying on prior authority that banking employment demands utmost trust, integrity and restrictions on external borrowing, the court found a valid reason under Section 43 of the Employment Act and held Section 41's procedural requirements fully satisfied. The entire claim was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Respondent had a valid reason to terminate the Claimant's employment under Section 43 of the Employment Act

Holding

A valid reason existed: the Claimant borrowed money from a bank customer and colluded with a colleague to facilitate a stock loan for a third party where the customer was the final beneficiary, in breach of the Group Human Resource Policy

Reasoning

The Claimant conceded in cross-examination that his employment prohibited lending to or borrowing from fellow employees or customers. The court endorsed prior authority holding that banks operate on utmost trust and good faith, and that restrictions on external borrowing by bank employees are reasonable. The Claimant's assertion that such restrictions were unconstitutional found no support. The court found the Respondent had established a valid reason under Section 43.

p. 5
02

Whether the disciplinary and termination procedure satisfied Section 41 of the Employment Act

Holding

The procedural fairness requirements of Section 41 were fully satisfied

Reasoning

The Claimant participated in the investigation, responded to the show cause letter, and attended the disciplinary hearing. His complaints failed: the Legal Counsel at the hearing was the Respondent's own employee, not external counsel, and there was no record of a rejected request to be accompanied by an advocate; there was no evidence of a request for the investigation report or of prejudice; no witnesses existed to cross-examine since the evidence was what the Claimant himself told investigators; and he signed the minutes without reservation.

p. 6
03

Whether the Claimant was entitled to the remedies sought

Holding

No remedies were awarded as the entire claim failed

Reasoning

Having found the termination substantively and procedurally fair, the court dismissed the whole claim, including notice pay, compensation, loss of income to retirement, constitutional and reputational damages, discrimination damages, and the certificate of service.

p. 6

Legal principles established

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  • Restrictions on bank employees borrowing from or lending to customers and fellow employees are reasonable and lawful, protecting the employer's business reputation and employees from financial ruin
  • The banking employment relationship demands a high degree of honesty and integrity; where these are questioned, the employment relationship becomes untenable

Court orders

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  1. 1.The Claimant's entire claim is dismissed
  2. 2.Costs to the Respondent

Authorities

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Legislation

  • Employment ActSection 41(1) and (2)
  • Employment ActSection 43
  • Employment ActSection 5(3)(b)
  • Group Human Resource PolicySections 5.13.1 and 4.4

Cases cited (6)

  • Agnes Murugi Mwangi v Barclays Bank of Kenya Limited
    [2013] eKLR
  • Abraham Nyambane Asiago v Barclays Bank of Kenya Limited
    [2015] eKLR
  • Abraham Nyambane Asiago v Barclays Bank of Kenya Limited
    [2019] KECA 362 (KLR)
  • Moses Chavani vs. Barclays Bank of Kenya Ltd
    Cause No 694 of 2010
  • Banking Insurance & Finance Union vs. Post Bank Ltd
    [2013] eKLR
  • Mwangi v Cooperative Bank of Kenya Limited
    [2025] KEELRC 456 (KLR)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act 2007 (Sections 41, 43, 45) over a claim for unlawful and unfair termination of employment

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, "Maina v NCBA Bank Kenya PLC (Cause E193 of 2023) [2025] KEELRC 1055 (KLR)", Case Analysis (2025). Statement of Claim dated 8th March 2023 (ELRC cause, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1055/eng@2025-04-03

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