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ELRCDismissedNot stated in the judgment· [2025] KEELRC 1628 (KLR)

Jemutai v Molo River Roses Limited (Cause E044 of 2024) [2025] KEELRC 1628 (KLR)

Employment and Labour Relations Court
30 May 2025
JRJames Rika
1,784 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld dismissal of an HR officer who awarded herself unauthorised leave, confirming employees cannot take leave without employer approval.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent as Human Resource Officer from 1st March 2017, was summarily dismissed on 27th March 2024 on grounds of gross misconduct: allocating herself unauthorised annual leave, manipulating leave records and receiving payments not due. She claimed a declaration of unfair termination, notice pay, March 2024 salary, two bonus payments and 12 months' compensation, totalling Kshs. 1,239,967, plus a certificate of service and costs. The Respondent asserted she went on unauthorised leave, falsified leave records in her custody and received double payments; it maintained that she was shown cause, heard by a disciplinary committee, dismissed, and heard on appeal which commuted summary dismissal to regular termination with terminal benefits paid. The court framed three issues: procedural fairness under Sections 41 and 45, substantive fairness under Sections 43 and 45 of the Employment Act, and whether the prayers were merited. On procedure, the court found the Claimant was shown cause on 13th March 2024 (not 2023), replied, was invited to a hearing with the right to be accompanied, was heard, and appealed successfully to a committee chaired by the Managing Director. On substance, she admitted taking unauthorised leave on multiple occasions and conceded at appeal that she did not follow leave procedure, constituting gross misconduct under Section 44(4)(a). Bonus was discretionary and not contractual. The court declined the entire Claim and made no order on costs. Judgment dated, signed and released electronically at Nakuru on 30th May 2025 by James Rika, Judge.

Key legal issues

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01

Procedural fairness of the termination

Holding

Procedure was fair and in accordance with Sections 41 and 45 of the Employment Act

Reasoning

The Claimant was issued a show-cause letter dated 13th March 2024 (the plea that it was issued in 2023 was found incorrect), replied on 14th March 2024, was invited for a disciplinary hearing on 18th March 2024 with the right to be accompanied by witnesses, was heard by the disciplinary committee and responded to each allegation, was informed of the decision, and successfully lodged an internal appeal heard on 11th April 2024.

p. 4
02

Substantive fairness of the termination

Holding

There was valid reason to justify termination; the Claimant committed gross misconduct under Section 44(4)(a) of the Employment Act

Reasoning

The Claimant, as Human Resource Officer, allocated herself unauthorised annual leave (7 days in February 2022, 4 off-days in September 2022, 18 days between December 2023 and January 2024, totalling 31-35 days), manipulated leave records, admitted at the appeal hearing that she did not follow the leave procedure, and was absent without leave or other lawful cause, constituting gross misconduct under Section 44(4)(a).

p. 4
03

Entitlement to bonus payments

Holding

No entitlement to the claimed December 2023 and February 2024 bonuses

Reasoning

The bonus was discretionary and performance-based, not a contractual term in her letter of employment; the Respondent did not have her performance report for the claimed period and she did not produce the relevant policy, only pay slips.

p. 3

Legal principles established

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  • Annual leave is an employee's entitlement but is taken only with the employer's consent; unauthorised absence without leave or lawful cause is an employment offence under Section 44(4)(a) of the Employment Act
  • An employee cannot take anticipatory leave and later offset it against future entitlement

Court orders

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  1. 1.The Claim is declined
  2. 2.No order on the costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (Sections 28, 41, 43, 44 and 45 of the Employment Act 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, "Jemutai v Molo River Roses Limited (Cause E044 of 2024) [2025] KEELRC 1628 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1628/eng@2025-05-30

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