Tito v Nirma Holdings Limited (Employment and Labour Relations Cause 531 of 2018) [2025] KEELRC 1766 (KLR)
The bottom line
#A Kenyan court ruled an employee's dismissal without evidence of a show-cause notice was unfair, awarding him Kshs. 366,000.
What this practically means
#Executive summary
#Key legal issues
#Status of employment - casual versus permanent employee
The NSSF remittances established that the Claimant worked continuously for the Respondent, so he was not a casual employee.
The court examined the Claimant's NSSF statement produced in evidence, which showed the Respondent remitted contributions in 2014 and 2015, evidencing continuous employment. Although the exact date of first engagement was unclear, the remittances established continuous service, defeating the Respondent's claim of broken casual engagements. The Respondent called no evidence to counter this.
Whether the termination was fair and justified
The termination was unfair and unjustified under section 45(2) of the Employment Act.
The Respondent alleged the Claimant absconded duty in January 2017 but produced no evidence of attempts to trace him or issue a notice to show cause. The circumstances of the termination were unclear and there was no evidence of any disciplinary hearing. The employer therefore failed to prove a valid reason and a fair procedure as required by section 45(2).
Legal principles established
#- An employer who alleges that an employee absconded duty must prove that it sought the employee out and issued a notice to show cause before dismissal; absent such proof, the allegation has no basis.
- A termination without valid reason and without a disciplinary hearing is unfair and unjustified under section 45(2) of the Employment Act.
Court orders
#- 1.Payment of 1 month's salary in lieu of notice (Kshs. 15,000)
- 2.Payment of leave for the last year of service not taken (Kshs. 15,000)
- 3.Payment of house allowance not paid for the duration of service (15% of 15,000 x 12 months x 8 years = Kshs. 216,000)
- 4.Payment of 8 months' salary as compensation for unfair termination (8 x 15,000 = Kshs. 120,000)
- 5.Total award of Kshs. 366,000 less statutory deductions
- 6.Respondents to pay costs of the suit plus interest at court rates with effect from the date of the judgment
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over employment and labour relations claims (Employment Act; Article 41 of the Constitution invoked in submissions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tito v Nirma Holdings Limited (Employment and Labour Relations Cause 531 of 2018) [2025] KEELRC 1766 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1766/eng@2025-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.