Lowoton v Board of Trustees National Social Security Fund (NSSF) (Employment and Labour Relations Cause E167 of 2023) [2025] KEELRC 1481 (KLR)
The bottom line
#Kenya's Employment Court upheld NSSF's dismissal of an employee for refusing assigned duties, ruling that job descriptions listing 'any other duties' are not exhaustive.
What this practically means
#Executive summary
#Key legal issues
#Whether the summary dismissal was substantively fair (valid reason)
The reason - insubordination for failing to reconcile the expenditure account and disrespect to a supervisor - was valid
The Claimant admitted before the disciplinary committee that he had not done the reconciliation for six months, asserting it was a management responsibility. However, his job description included any other duties assigned from time to time under clause 10.35/10.38 of the NSSF Policy Manual, making the duties list non-exhaustive. His refusal to carry out the assigned duty amounted to insubordination, establishing a valid reason for dismissal.
Whether the dismissal was procedurally fair
Procedure under section 41 of the Employment Act was followed
The Claimant was issued a notice to show cause dated 10/2/2022, responded on 15/2/2022, was issued a second show cause letter and reminders, and was invited to and attended a disciplinary hearing before the Fraud Prevention and Discipline Committee on 31/10/2022, where he was heard and apologised for his language. The court found this satisfied the disciplinary process envisaged under section 41 of the Employment Act 2007.
Whether the remedies sought could be granted
Only terminal dues per pension scheme rules and a certificate of service
Having found the dismissal fair and justified, the court held that the remedies sought - reinstatement, promotion, damages, compensation and terminal benefits - could not be granted, save for the Claimant's terminal dues under his pension scheme rules and a certificate of service. No costs were awarded.
Legal principles established
#- An employee's job description that provides for 'any other duties assigned from time to time' is not exhaustive, and refusal to perform assigned duties may constitute insubordination justifying summary dismissal where a fair disciplinary process is followed.
Court orders
#- 1.The Claimant's terminal dues to be paid as per his pension scheme rules
- 2.The Claimant to be issued with a Certificate of Service
- 3.No order of costs
- Jurisdiction invoked
- First-instance employment claim under the Employment Act 2007 (sections 41 and 49 invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lowoton v Board of Trustees National Social Security Fund (NSSF) (Employment and Labour Relations Cause E167 of 2023) [2025] KEELRC 1481 (KLR)", Case Analysis (2025). Not stated in the judgment (Statement of Claim dated 24th February 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1481/eng@2025-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.