Sang v Camellia Kenya Limited (Cause 158 of 2018) [2025] KEELRC 1615 (KLR)
The bottom line
#A Kenyan court ruled a worker's dismissal unfair because the employer could not prove a valid reason or keep proper records, awarding terminal dues.
What this practically means
#Executive summary
#Key legal issues
#Commencement date of employment
Employment commenced in May 2010, not 2008
The Respondent produced a certificate of incorporation dated 30th April 2010, and the Claimant's NSSF statement showed contributions beginning May 2010, consistent with RW1's evidence that the company was incorporated in 2010 and the Claimant began working for it that year.
Unfair termination
Termination without notice and without proved valid reason was unfair
RW1 admitted no notice of termination was issued and none was paid in lieu. The Respondent alleged the business collapsed and was auctioned but adduced no documentary proof. The burden of justifying termination lies on the employer; failing proof of valid reason, the termination was unfair.
Leave dues and house allowance
Awarded because the employer failed to prove payment
The Claimant testified he was not paid while on leave and not paid house allowance. RW1 confirmed the Claimant was not housed or paid house allowance. The Respondent's claim that records were lost in an auction was unsupported by evidence.
Compensation for unfair termination
Six months' salary awarded taking into account the employer's financial difficulties
Having found unfair termination, the court exercised discretion to award six months' salary rather than twelve, taking into account the Respondent's stated reason that the company could not meet its financial obligations.
Legal principles established
#- The employer bears the burden of proving a valid reason for termination and compliance with fair procedure
- An employer who alleges loss of employment records through auction must adduce evidence of that auction
Court orders
#- 1.Declaration that the termination was unfair
- 2.Award of Kshs. 9,000 pay in lieu of notice
- 3.Award of Kshs. 65,423.10 pay during annual leave for 9 years
- 4.Award of Kshs. 294,484.40 underpayments
- 5.Award of Kshs. 114,990 house allowance
- 6.Award of Kshs. 9,000 salary for December 2017
- 7.Award of Kshs. 54,000 being 6 months' salary as compensation for unfair termination
- 8.Costs of the suit awarded to the Claimant
- 9.Interest at court rates from date of judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes under the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sang v Camellia Kenya Limited (Cause 158 of 2018) [2025] KEELRC 1615 (KLR)", Case Analysis (2025). Cause No 158 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1615/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.