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ELRCPartially AllowedNot stated in judgment (claim dated 15th January 2021, amended 9th March 2021)· [2025] KEELRC 1086 (KLR)

Barasa v Kenya Forestry Research Institute (Cause E134 of 2021) [2025] KEELRC 1086 (KLR)

Employment and Labour Relations Court
4 April 2025
5,297 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled KEFRI followed a fair reason to fire a supply chain director but skipped proper disciplinary steps, awarding him six months' salary.

What this practically means

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Executive summary

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The Claimant, formerly Deputy Director Supply Chain Management at the Respondent (KEFRI), challenged his termination on 14th August 2020 arising from irregularities alleged in the procurement of Six Water Pans under the KCCAP project implemented with NEMA. He sought a declaration that his termination was discriminatory, unfair and unlawful both procedurally and substantively, plus maximum compensation of twelve months' salary (Kshs.4,048,800), costs and interest. The Respondent maintained that the Claimant was afforded due process through an interdiction letter, a questionnaire, and an in-person interview before the Board's Ad Hoc Committee, and that the reasons for termination were valid and proved, having followed its HR Manual, the Employment Act and the Fair Administrative Action Act. The court framed two issues: whether the termination was unfair, and entitlement to reliefs. On procedure, it held that the invitation to a 'face to face interview' was not a disciplinary hearing and that the Claimant was not allowed a representative of his choice, breaching Section 41 of the Employment Act; the termination was therefore procedurally unfair. On substance, the Claimant's own admissions on cross-examination - absence of written approvals for cancelling and re-advertising the tender, awards in excess of the approved budget (Kshs.73M against Kshs.54M), and substitution of gabions with fencing without approval from the Respondent or NEMA - established valid and justified reasons, rendering the termination substantively fair. The claim succeeded only on procedure: the court declared the termination procedurally unfair and awarded six months' salary (Kshs.2,024,400) as compensation, holding the Claimant contributed to his own termination. The Respondent was ordered to bear the costs of the suit.

Key legal issues

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01

Whether the Claimant's termination was procedurally fair

Holding

Procedurally unfair - no disciplinary hearing was held (only a 'face to face interview') and the Claimant was not allowed a representative of his choice.

Reasoning

The court applied Section 41 of the Employment Act and the four elements of procedural fairness from Postal Corporation of Kenya v Andrew K. Tanui. The interdiction letter sufficed as notification of charges, but the hearing invitation did not disclose it was a disciplinary process, and the Claimant was not afforded a representative. Citing Mary Chemweno Kiptui v Kenya Pipeline, failure to follow these mandatory provisions renders the outcome unfair.

p. 9
02

Whether the reasons for termination were substantively valid

Holding

Substantively fair - the Respondent had valid, fair and justified reasons to terminate.

Reasoning

On cross-examination the Claimant admitted there was no written approval for cancelling or re-advertising the tender, that he gave a professional opinion leading to awards in excess of the approved budget, and that the budget rose from Kshs.35M to Kshs.73M against an approved Kshs.54M with no contract variation. No evidence showed approval from the Respondent or NEMA for substituting gabions with fencing. Applying the range of reasonable responses test, the dismissal fell within the band of reasonable employer responses.

p. 10
03

Whether the Claimant is entitled to compensation and at what level

Holding

Entitled to compensation for procedural unfairness, assessed at six months' salary of Kshs.2,024,400, not the maximum twelve months.

Reasoning

A finding of unfair termination entitles the Claimant to compensation. However, an award of the maximum twelve months must be based on sound judicial principles. Since the termination was unfair only on procedure and the reasons were proved on a balance of probability, the Claimant contributed to his own termination, making six months' salary sufficient compensation.

p. 11

Legal principles established

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  • An invitation to a 'face to face interview' is not the same as a disciplinary hearing under Section 41 of the Employment Act; the employee must be informed he faces a disciplinary process with possible termination.
  • An employer must allow an employee to have a representative of his choice present during disciplinary proceedings; failure renders the process procedurally unfair.
  • A finding of procedural unfairness with substantively valid reasons warrants reduced compensation because the employee contributed to his own termination.

Court orders

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  1. 1.A declaration that the Claimant's termination was procedurally unfair
  2. 2.The Respondent to pay the Claimant 6 months' salary as compensation for the unfair termination at Kshs.2,024,400
  3. 3.The Respondent shall bear the costs of the suit
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (claim for unfair termination)

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, "Barasa v Kenya Forestry Research Institute (Cause E134 of 2021) [2025] KEELRC 1086 (KLR)", Case Analysis (2025). Not stated in judgment (claim dated 15th January 2021, amended 9th March 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1086/eng@2025-04-04

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