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ELRCDismissedELRC Cause Number 287 of 2019 (originally ELRC Cause Number 251 of 2018, Nakuru)· [2025] KEELRC 1293 (KLR)

Sirari v British Broadcasting Corporation & 2 others (Cause 287 of 2019) [2025] KEELRC 1293 (KLR)

Employment and Labour Relations Court
8 May 2025
6,331 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court upheld the BBC's dismissal of a journalist over a forged hotel invoice, confirming employers win when they follow fair process and prove genuine misconduct.

What this practically means

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Executive summary

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The Claimant, a Multi-Media Broadcast Journalist employed by the 1st Respondent (BBC) since 2011, was summarily dismissed on 5th April 2018 after a disciplinary hearing found he had submitted a false expense claim and forged Imperial Hotel invoice for Kshs. 212,000 against a cash advance of Kshs. 419,000 incurred covering the 2017 pre-elections in Kisumu. He alleged the dismissal was procedurally flawed, that he was denied representation by an external KUJ official, and that the fraud allegation masked victimisation for his trade union activities. The Respondents maintained the hotel's General Manager confirmed the invoices were fake, the hotel had no record of the Claimant or his claimed pseudonym 'Bernard Juma' occupying room 415, and that the disciplinary and appeal processes complied with the BBC Kenya Employment Handbook and the CBA. The court framed two issues: whether the summary dismissal was fair, and whether the Claimant was entitled to the reliefs sought. Applying Sections 41, 43, 45 and 47 of the Employment Act and guided by Chitavi, Ombwori, Kyengo, Wasike and Odana, the court held the Claimant was informed of the charges, given an opportunity to be heard, and lawfully denied external representation, making the process procedurally fair. On substance, the Respondents proved on a balance of probability that the fraudulent invoices were valid reasons for dismissal, and the union-victimisation claim was unsupported; the burden of proving his hotel stay lay on the Claimant. All reliefs, including loss of income to retirement of over Kshs. 68 million, were untenable on a finding of fair dismissal. The claim was dismissed in its entirety with costs to the Respondents.

Key legal issues

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01

Whether the summary dismissal was procedurally fair under Section 41 of the Employment Act

Holding

The dismissal was procedurally fair; the Claimant was informed of the charges, given an opportunity to respond, informed of his right to representation, and had an appeal heard

Reasoning

The court traced the chronology: a fact-finding meeting on 6th March 2018 attended with a colleague, a notice to show cause dated 11th March 2018, a disciplinary hearing on 14th March 2018, and a written appeal decided by the 3rd Respondent. Although the Claimant wanted an external KUJ representative, the CBA and Handbook limited representation to fellow employees or shop floor stewards, several of whom were available, and he opted to appear without one. Guided by Chitavi and other authorities, the court concluded the process met Section 41.

p. 11
02

Whether there was a valid and justified reason for the dismissal

Holding

The Respondents proved on a balance of probability that the fraudulent expense claim and forged invoice justified the dismissal; the union-victimisation allegation had no evidentiary support

Reasoning

The court applied Section 43 and the KPLC v Wasike subjective-test formulation. The hotel's General Manager confirmed the invoices were fake, the hotel's records showed no occupation by the Claimant or any 'Bernard Juma', and the Claimant never explained the fraudulent invoices, only insisting they were genuine while shifting the burden to the hotel. The court found no evidence linking the dismissal to union activities and held the burden of proving his hotel stay rested on the Claimant.

p. 12
03

Whether the Claimant was entitled to the reliefs sought

Holding

All reliefs fail because the dismissal was found fair

Reasoning

The court held that the declaration, loss of income to retirement, leave pay, notice pay, reimbursement of deductions, and general and exemplary damages for malice were all premised on unfair dismissal. Having found the dismissal both procedurally and substantively fair, no relief was tenable and the entire suit was dismissed with costs to the Respondents.

p. 13

Legal principles established

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  • An employer must satisfy both procedural fairness under Section 41 and substantive justification under Sections 43 and 45 of the Employment Act to sustain a summary dismissal
  • The reasons for termination are those the employer genuinely believed to exist at the time of dismissal, and the employer bears the burden of proving them on a balance of probability

Court orders

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  1. 1.The Claimant's claim is dismissed in its entirety
  2. 2.Costs to the Respondents

Authorities

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Legislation

  • Employment Act, 2007Section 41
  • Employment Act, 2007Section 43
  • Employment Act, 2007Section 45
  • Employment Act, 2007Section 47
  • Constitution of KenyaArticle 27

Cases cited (11)

  • British American Tobacco (K) Ltd v Kenyan Union of Commercial Food and Allied Workers (Kucfaw)
    [2019] eKLR
  • Anthony Mulaki V Addax Kenya Limited, Cause No. 822 of 2012
  • British Home Stores Ltd v Burchell
    (1980) LC.R. 303 E.A.T.
  • Agnes Kavata Mbiti v Housing Finance Company Limited
    [2017] eKLR
  • Oyombe v Eco Bank Limited
    Civil Appeal 185 of 2017
  • Nazareno Kariuki v. Feed The Children Kenya
    [2013] eKLR
  • Anthony Mkala Chitavi v. Malindi Water & Sewerage Company Ltd
    [2013] eKLR
  • Hosea Akunga Ombwori v Bidco Oil Refineries Limited
    (2017) eKLR
  • Silvester Malei Kyengo v Kenya Meat Commission
    (2019) eKLR
  • Kenya Power and Lighting Company Limited vs. Agrey Lukorito Wasike
    Nyeri Civil Appeal No. 79 of 2016
  • Charles Musungu Odana v Kenya Ports Authority
    [2019] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and the Employment Act, 2007

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, "Sirari v British Broadcasting Corporation & 2 others (Cause 287 of 2019) [2025] KEELRC 1293 (KLR)", Case Analysis (2025). ELRC Cause Number 287 of 2019 (originally ELRC Cause Number 251 of 2018, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1293/eng@2025-05-08

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