Ongori v G4S Kenya Limited (Employment and Labour Relations Appeal E284 of 2024) [2025] KEELRC 1720 (KLR)
The bottom line
#A Kenyan court ruled that once unfair termination is proven, judges must award statutory compensation under the Employment Act—not just declare the dismissal unlawful.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial court erred in failing to award compensation for unfair termination after finding the termination unfair
The trial court erred; on a finding of unfair termination the court is obliged to consider compensation under sections 49(1)(c) and 50 of the Employment Act, and the maximum award was merited on the facts
Relying on the Court of Appeal in Kenya Broadcasting Corporation v Geoffrey Wakio and the Supreme Court in Kenfreight (E.A) Limited v Benson K. Nguti, the court held that section 49 grants discretionary remedies once unfair termination is established. Although the appellant pleaded only 'general damages', the issue of unfair termination was canvassed, and under the Odd Jobs v Mubia principle and the court's wide powers under section 12(3) of the ELRC Act, compensation could be awarded. The claimant's 12-year service, lack of contribution to the termination and remote chances of similar employment justified the maximum 12 months' compensation of Kshs. 316,161.36.
Whether the appellant was entitled to notice pay of one month's salary
Notice pay of one month's salary (Kshs. 26,346.78) was awarded under section 35 of the Employment Act
The court found the appellant's termination without lawful reason and procedurally flawed, and awarded one month's salary in lieu of notice under section 35 of the Employment Act, alongside the compensation award under section 49(1)(c).
Whether the trial court's finding on the July 2020 salary should be disturbed
No; the finding that the July pay slip evidenced payment was not interfered with
Applying Mbogo v Shah, the appellate court declined to interfere with the trial court's factual finding that the July pay slip was produced as evidence of payment of the July 2020 salary, finding no basis to disturb it.
Legal principles established
#- Once a court finds unfair termination, it is obliged to consider remedies under section 49 of the Employment Act, including compensation, even where only general damages were pleaded, if the issue of unfair termination was canvassed
- A court may determine an unpleaded issue where the parties canvassed it and left it to the court to determine
- General damages are not awardable for wrongful termination; the remedy is compensation under section 49 of the Employment Act
- A first appellate court must reconsider and evaluate the evidence and draw its own conclusions, though making allowance for not having seen or heard the witnesses
Court orders
#- 1.The appeal is allowed
- 2.The judgment of the Honourable Stephen K. Onjoro (PM) delivered 3rd May 2024 in Milimani MCERLC No. E1217 of 2021 is set aside and substituted with judgment for the claimant: (a) a declaration that the termination was unlawful and unfair; (b) notice pay of Kshs. 26,346.78; (c) compensation for unfair termination of Kshs. 316,161.36; (d) total sum of Kshs. 342,508.14 with interest at court rate from the date of judgment of the lower court; (e) costs of the suit
- 3.Costs of the appeal awarded to the appellant
- 4.Stay of 30 days granted
- On appeal from
- Chief Magistrate's Court, Milimani (Nairobi)
- Milimani MCERLC No. E1217 of 2021
- Jurisdiction invoked
- First appellate jurisdiction over the trial magistrate's court; remedies under Sections 49(1)(c) and 50 of the Employment Act 2007 and Sections 12(3) and 20(1) of the Employment and Labour Relations Court Act, Cap 8E
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Lex Oilfield Solutions Limited v Nganga (Appeal E018 of 2025) [2025] KEELRC 3736 (KLR)[2025] KEELRC 3736 (KLR)17 Dec 2025
Cite this brief
#Cite this brief
Caselaw, "Ongori v G4S Kenya Limited (Employment and Labour Relations Appeal E284 of 2024) [2025] KEELRC 1720 (KLR)", Case Analysis (2025). Appeal number not stated on the face of the judgment (arising from Milimani MCERLC No. E1217 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1720/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.