Gachanja v Synresins Limited (Cause 1120 of 2018) [2025] KEELRC 1555 (KLR)
The bottom line
#Even where an employee's misconduct justifies dismissal, Kenyan employers must still follow a fair hearing process or pay compensation.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the termination
The termination was procedurally flawed, unfair and unlawful because no disciplinary process was contemplated and the claimant was not heard
The termination letter took effect immediately with no indication of a disciplinary process. Relying on Section 41 of the Employment Act and the cited authorities, the court held that even where summary dismissal for gross misconduct is alleged, the employer must notify and hear the employee. The right to fair process is also a constitutional imperative that cannot be avoided by invoking Section 44.
Substantive justification for the termination
The termination was substantively fair because the claimant admitted the financial irregularities and a reasonable employer could have dismissed
Applying the range of reasonable responses test from British Leyland v Swift and Charles Musungu Odana, the court found the claimant admitted keeping unbanked cheques, a text from her phone soliciting client payments to personal numbers, and deposit slips falsified as to date and depositor. She also ran a competing business with former employees while in service. The court therefore held the employer acted reasonably and responsibly in terminating her.
Remedies
One month's salary as compensation and a certificate of service; other reliefs refused
Because the unfairness was only procedural while the reasons were valid, the court awarded one month's salary (Kshs. 95,000) as sufficient compensation, ordered a certificate of service within 14 days, and directed each party to bear their own costs. Notice pay, leave pay and exemplary damages were not granted.
Legal principles established
#- For a termination to pass the fairness test there must be both substantive justification and procedural fairness
- Fair process is a constitutional imperative; an employee must be accorded fair process irrespective of the grounds for termination
- The court applies the range of reasonable responses test and does not substitute its own view for that of the employer
Court orders
#- 1.A declaration that the termination was unfair on account of procedure
- 2.An award of one month's salary as compensation for the unfair termination at Kshs. 95,000/-
- 3.That the Respondent issues the Claimant a certificate of service within 14 days of the order
- 4.Parties shall bear their own costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations claims (Employment Act, 2007); no specific constitutional provision invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gachanja v Synresins Limited (Cause 1120 of 2018) [2025] KEELRC 1555 (KLR)", Case Analysis (2025). Cause No 1120 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1555/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.