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ELRCPartially AllowedNot stated in the judgment excerpt provided

Mukabi v Program for Apppropriate Technology in Health (PATH) Kenya (Employment and Labour Relations Cause E428 of 2021) [2025] KEELRC 1659 (KLR)

Employment and Labour Relations Court
4 June 2025
5,030 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~20 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled PATH had valid reasons to dismiss an executive, but its flawed disciplinary process made the termination unfair, costing it KES 8.4 million.

What this practically means

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Executive summary

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The Claimant, formerly employed by the Respondent (PATH) rising from Deputy Chief of Party to Programs Technical Director, was terminated by letter dated 8th May 2020 on grounds that he failed to disclose his relationship with Lilian Owoko, the mother of his child, while participating in the hiring committee that selected her and acting in a supervisory role over her, contrary to the Respondent's Conflict of Interest, Staffing and related policies. He sought a declaration that the termination was wrongful, unfair and unlawful, 12 months' salary as compensation (KES 16,895,244), damages for unfair labour practice under Article 41, a certificate of service, costs and interest. The Respondent maintained that it had valid reasons on conflict of interest grounds (not sexual harassment, for which evidence was inconclusive) and that it followed a fair procedure including show cause letters, an independent investigation and a disciplinary hearing. The court found that the Respondent had valid and substantiated reasons: the Claimant admitted the parenting relationship, sat on the interview panel without proof of disclosure, and supervised Ms Owoko. However, the court held the disciplinary process was procedurally flawed: the Claimant was suspended with a bar on contacting staff and with system access deactivated, preventing him from calling witnesses or accessing evidence, and the same letter issuing the show cause also fixed the hearing date, indicating premeditation. The termination was therefore unfair under section 45(2) of the Employment Act. The court awarded six months' salary as compensation (KES 8,447,622 less statutory deductions), a certificate of service, costs and interest, partially allowing the claim.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the termination of the Claimant's employment was wrongful, unfair and unlawful
  2. 2.Whether the Respondent had valid reasons to warrant the termination of the Claimant's employment contract
  3. 3.Whether the Respondent followed due process in effecting the termination
  4. 4.Whether the Claimant is entitled to the reliefs sought in the Memorandum of Claim

Key legal issues

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01

Whether the Respondent had valid reasons to terminate the Claimant's employment

Holding

Yes - the Claimant's admitted failure to disclose his parenting relationship with Lilian Owoko while participating in her hiring and supervising her breached the Respondent's Conflict of Interest, Staffing and related policies

Reasoning

The court found it established that the Claimant had a child with Ms Owoko, sat on the interview panel that selected her without evidence of disclosure, and supervised her during her employment. The Claimant admitted the supervisory relationship and non-disclosure in his disclosure forms. The court held the Respondent therefore had a valid reason warranting termination, distinguishing this ground from the sexual harassment allegations which were inconclusive.

p. 10
02

Whether the Respondent followed a fair procedure in effecting the termination

Holding

No - the disciplinary process was flawed because the Claimant, while suspended and barred from contacting staff, could not call witnesses or obtain evidence, and the show cause letter simultaneously scheduled the hearing, indicating a premeditated outcome

Reasoning

Although reasons were valid, the court found the process failed the section 45(2)(c) test. The Claimant was suspended on terms prohibiting contact with colleagues and had system access deactivated, yet was expected to gather evidence and witnesses. The same letter issuing the further show cause also fixed the hearing date. The court therefore held the termination unfair on procedural grounds.

p. 10
03

What remedies flow from the unfair termination

Holding

Six months' salary as compensation, a certificate of service, costs and interest

Reasoning

The court balanced the valid substantive reasons against the procedural failure, and noting that the flawed disciplinary process ruined the Claimant's career, awarded six months' salary as compensation rather than the twelve months claimed, plus a certificate of service, costs and interest. The claim for Article 41 unfair labour practice damages was not awarded.

p. 10

Legal principles established

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  • For a termination to be fair there must be both substantive justification and procedural fairness
  • A termination of employment is unfair under section 45(2) of the Employment Act if the employer fails to prove a valid and fair reason and a fair procedure
  • Issuing a show cause letter and scheduling a disciplinary hearing in the same letter indicates a premeditated position by the employer
  • An employee who is suspended and barred from contacting staff cannot effectively call witnesses, rendering the disciplinary process flawed

Court orders

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  1. 1.Compensation of 6 months' salary being 6 x Kshs 1,407,937 = Kshs 8,447,622 less statutory deductions for unfair termination
  2. 2.Respondent to issue the Claimant with a certificate of service
  3. 3.Respondent to pay costs of the suit plus interest at court rates with effect from the date of judgment

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution and the Employment Act (inferred; not expressly cited in the excerpt)

Relief refused

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12 months' salary as compensation for unfair termination (KES 16,895,244)

Court awarded only 6 months' salary, reasoning that the procedural failure ruined the Claimant's career

p. 10

Damages for unfair labour practice of requiring the Claimant to self-investigate contrary to Article 41 of the Constitution

Not granted; the claim succeeded only on unfair termination and the reliefs ordered

Costs

The respondents will pay costs of this suit plus interest at court rates with effect from the date of this judgment.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Having found that the respondents failed to follow due process whilst carrying out their disciplinary process, I find the claimant’s termination was unfair and in the circumstances of the case, I find for claimant in terms of the breach and in view of the fact that the failure to follow a proper disciplinary action ruined his career, I find 6 months’ salary as compensation apt
p. 10Remedy for procedurally unfair termination
I also order he be issued with a certificate of service. The respondents will pay costs of this suit plus interest at court rates with efiect from the date of this judgment.
p. 10Final orders
For termination of employment to past the test of fairness, there must be both substantive justification and procedural fairness.
p. 6Test of fairness in termination (Walter Ogal Anuro v Teachers Service Commission)
The fact that there was a show cause letter and a scheduled hearing in the same letter indicate a pre meditated position by the respondent despite any response that may be aduced from the show cause letter.
p. 10Premeditated disciplinary process

Issues in the judgment

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minor

The compensation figure contains a typographical error: 'Kshs a8,447,622/-' though the arithmetic 6 x 1,407,937 equals 8,447,622

minor

The judgment inconsistently refers to Lilian Owoko variously as 'Ms. Owoko', 'subject 3' and 'Lillian/Lilian Owoko' and the prayer sought is described as termination while the Respondent calls it summary dismissal for gross misconduct

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, "Mukabi v Program for Apppropriate Technology in Health (PATH) Kenya (Employment and Labour Relations Cause E428 of 2021) [2025] KEELRC 1659 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1659/eng@2025-06-04

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