Mburu v Vitaplant Kenya Limited (Cause E040 of 2023) [2025] KEELRC 1573 (KLR)
The bottom line
#Kenya's Employment Court awarded a manager Kshs 1,000,000 after finding her dismissal unfair because the employer never held a disciplinary hearing or proved misconduct.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was substantively justified
No valid grounds of gross misconduct were established; the Respondent was looking for a way to make the Claimant resign
The court examined the email exchanges between the Managing Director and the Claimant. The MD had suggested she resign, and after she refused, a Notice to Show Cause was issued followed by the termination letter. The reasons cited (audit delays, complaints) did not amount to gross misconduct. RW1 admitted there was no evidence the Claimant asked for a car or complained about workload. The court found no clear grounds constituting gross misconduct justifying summary termination.
Whether procedural fairness under Section 41 of the Employment Act was followed
No disciplinary hearing was conducted; the mandatory Section 41 procedure was breached
The court found that the Claimant was never invited to a disciplinary hearing. RW1 admitted in cross-examination that the Respondent did not conduct a disciplinary hearing and there were no minutes of one. The court applied authorities holding that summary dismissal without a hearing falls foul of the Employment Act, and held that procedural fairness and natural justice are mandatory.
Whether the Claimant was entitled to the reliefs sought
Partially - compensation and notice pay awarded; overtime, leave, gratuity, car costs and exemplary damages declined for want of proof
The court awarded compensation equivalent to two months' salary under Section 49(1)(c) given the short tenure of less than one year, and two months' salary in lieu of notice. It declined the overtime, leave, gratuity, company car and exemplary damages claims because none were proved, applying the principle that employees must prove overtime claims and unproven heads are not awarded.
Legal principles established
#- For a termination to pass the fairness test there must be both substantive justification and procedural fairness
- The burden of justifying the grounds for termination rests on the employer, while the employee bears the burden of proving that unfair termination occurred
- An employer must comply with procedural fairness and natural justice before summary dismissal
Court orders
#- 1.Compensation for unfair termination of Kshs.500,000 for 2 months equivalent of salary under Section 49(1)(c) of the Employment Act
- 2.Two months' salary of Kshs.500,000 in lieu of notice, but if notice pay is paid this award will be set aside
- 3.Certificate of service to be issued as per Section 51 of the Employment Act within 30 days
- 4.Total award of Kshs.1,000,000 plus interest at 14% per annum from date of judgment till payment
- 5.Claimant to have the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (Sections 41, 43, 44, 45, 47(5), 49(1)(c), 51 and 54(1))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mburu v Vitaplant Kenya Limited (Cause E040 of 2023) [2025] KEELRC 1573 (KLR)", Case Analysis (2025). Memorandum of Claim dated 21st August, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1573/eng@2025-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.