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ELRCDismissedNot stated in judgment (statement of claim dated 1st August 2024)· [2025] KEELRC 1412 (KLR)

Karume v Tana Water Works Development Agency (Cause E031 of 2024) [2025] KEELRC 1412 (KLR)

Employment and Labour Relations Court
15 May 2025
3,021 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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An employee who used fake certificates to get and keep his job lost his unfair termination case completely and was ordered to pay the employer's legal costs.

What this practically means

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Executive summary

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The claimant, employed by the respondent in 2009 as a Driver/Transport officer and later promoted to Security Officer and Security Assistant on the strength of Diploma certificates and a KCSE certificate, sued for 12 months' compensation, notice pay, salary for October and November 2023, a certificate of service and costs, alleging unfair termination on 7th November 2023. Following a Public Service Commission directive to audit certificates, the issuing institutions - Kenya Institute of Security and Criminal Justice, Kenyatta University and KNEC - disowned the claimant's certificates. He was suspended, asked to show cause, invited to a disciplinary hearing on 6th November 2023, and dismissed; his resignation letter, backdated to 16th October 2023, was rejected as an attempt to evade the process. The court framed two issues: whether the termination was unfair and unlawful, and whether the reliefs were merited. It found unrebutted evidence that the certificates were fake; the claimant's request for one year to regularize his KCSE certificate amounted to an admission, and his silence on the Diploma charges left him defenceless. Applying section 45 of the Employment Act and the Court of Appeal's decision in Kenya Ports Authority v Fadhil Juma Kisuwa, the court held there was a valid reason and fair procedure, so the termination was fair and lawful. All reliefs were declined - the salary and certificate of service claims were refused on ex turpi causa grounds - and the suit was dismissed with costs to the respondent.

Key legal issues

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01

Whether the reason for termination was valid

Holding

Valid reason existed - the claimant used fake KCSE and Diploma certificates to secure employment and promotion; he admitted the KCSE offence and did not deny the Diploma charges

Reasoning

The issuing institutions (Kenya Institute of Security and Criminal Justice, Kenyatta University and KNEC) disowned the certificates, and this evidence was unrebutted. The claimant failed to produce any alternative certificates to support his denial, and in his response to the show cause letter he sought one year to regularize his KCSE certificate, amounting to an admission. His silence on the Diploma charges meant he had no defence.

p. 6
02

Whether fair procedure was followed

Holding

Fair procedure was followed; the claimant was given a show cause letter and invited to a disciplinary hearing which he ignored, then tendered a backdated resignation to evade the process

Reasoning

The claimant was served with a show cause letter setting out charges, responded within a week, and was invited to a disciplinary hearing. Although there was doubt about actual service of the hearing summons, following the Court of Appeal's approach in Kenya Ports Authority v Fadhil Juma Kisuwa, the claimant was accorded a fair opportunity to defend himself; he admitted one offence and ignored the others, then served a resignation notice.

p. 6
03

Whether the termination was unfair under section 45 of the Employment Act

Holding

Termination was fair and lawful within the meaning of section 45

Reasoning

Both limbs of section 45 - valid reason and fair procedure - were satisfied. The employer proved the reason for termination was valid, related to the employee's conduct (falsification of records and misleading the Agency), and that the employment was terminated in accordance with fair procedure.

p. 6
04

Entitlement to the reliefs claimed

Holding

All reliefs declined - compensation and notice pay under section 49 not available; salary arrears and certificate of service refused on ex turpi causa grounds

Reasoning

Since the termination was fair and lawful, the statutory reliefs for unfair termination were not available. The remaining claims for October and November 2023 salary and a certificate of service were founded on the claimant's own illegality in using fake certificates, and the court cannot lend its aid to a transgressor benefiting from his own illegality.

p. 7

Legal principles established

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  • Where an employee admits an offence charged in a show cause letter or fails to specifically deny or respond to it, the employer is entitled to make an adverse conclusion and separate from the employee.
  • Courts will not lend aid to a transgressor seeking to benefit from his own illegality (ex turpi causa).

Court orders

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  1. 1.The suit was dismissed with costs to the respondent.
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance statement of claim; no constitutional/statutory jurisdictional provision expressly invoked)

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, "Karume v Tana Water Works Development Agency (Cause E031 of 2024) [2025] KEELRC 1412 (KLR)", Case Analysis (2025). Not stated in judgment (statement of claim dated 1st August 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1412/eng@2025-05-15

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