Okoth v Water Bus Globology Limited (Cause E084 of 2024) [2025] KEELRC 1290 (KLR)
The bottom line
#A Kenyan court found an employer's dismissal unfair because it withheld the investigation report and charges from the employee before the disciplinary hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent had justifiable reasons to terminate the claimant's employment
The court found the respondent had reasonable grounds to genuinely believe termination was justifiable, based on unexplained excess fuel, disrepair of Asembo Bay and the undelivered tender document
Applying Section 43(2) and the genuine-belief test, the court found the excess fuel utilization documented in the notice to show cause, the Asembo Bay disrepair and the outstanding tender document informed the respondent's genuine belief. The claimant failed to account for 100 litres of fuel, did not avail the tender document and left the insubordination charge unanswered, which could be construed as an admission.
Whether the disciplinary procedure was fair
The procedure failed the fairness threshold because the claimant was denied the investigation report forming the basis of the suspension and the charges were not read out at the hearing
Relying on Postal Corporation of Kenya v Andrew K. Tanui and Ol Pejeta Ranching, the court held that the employer must supply the employee with the allegations and supporting documents to prepare a defence. The claimant was suspended 'pending investigations' without disclosure of the allegations, denied the investigation report he was accused on the basis of, and the minutes show charges were not read out to him. This vitiated the process under Section 41 and 45 of the Employment Act.
What compensation was appropriate for the unfair termination
Compensation equivalent of 2 months' gross salary (Kshs.219,452.00) was fair under Section 49(1)(c)
The court weighed the respondent's justified reason for termination, the claimant's approximately 6 years of service, his failure to appeal or express a wish to remain in employment, the severance pay of Kshs.315,219.23 already received, and his prior disciplinary hearing and warning, concluding 2 months' gross salary was fair.
Legal principles established
#- The employer need only prove reasons it genuinely believed to exist at the time of termination, on a balance of probability
- An employer must avail to the employee all documents and evidence relied upon in formulating the notice to show cause and used during the disciplinary hearing; failure vitiates the process
- The reasonableness of dismissal is tested by the band of reasonable responses test
Court orders
#- 1.Declaration that termination of employment was unfair and unlawful
- 2.Equivalent of two (2) month's gross salary Kshs.219,452.00
- 3.50% costs of this suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (Sections 41, 43, 45, 49)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okoth v Water Bus Globology Limited (Cause E084 of 2024) [2025] KEELRC 1290 (KLR)", Case Analysis (2025). Cause No E084 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1290/eng@2025-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.