Olwero v County Assembly of Siaya & another (Cause E040 of 2024) [2025] KEELRC 1797 (KLR)
The bottom line
#A former Siaya County Assembly Clerk lost his unfair termination case in Kisumu because he skipped his own disciplinary hearing and hid a self-processed loan in his assets declaration.
What this practically means
#Executive summary
#Key legal issues
#Whether there was valid and fair reason to revoke the Claimant's appointment
Yes - the Claimant concealed the loan in his assets declaration form and processed the loan to himself contrary to policy, justifying disciplinary action
The court found the Claimant susceptible to disciplinary action for misconduct: he concealed the loan by not declaring it in his assets declaration form and processed the loan to himself, contrary to the principle that no one should be a judge in their own cause. Although acknowledging the process could be a witch-hunt, the court held the misconduct was established and the Claimant failed to prove malice or improper motive, so the revocation stood.
Whether the Claimant was accorded a fair hearing before the Select Committee
Yes - he was given opportunity to appear physically, virtually or through counsel and declined
The court found the Claimant had a genuine opportunity to exonerate himself but declined to participate: he failed to appear physically, virtually, or through counsel for the hearing. His assertion of illness was unsupported by medical evidence. The court concluded he had consistently frustrated the disciplinary process and therefore the hearing was fair despite his absence.
Whether the Claimant is entitled to the reliefs sought
No - the entire claim was dismissed, but no costs were awarded against him in view of his suffering
Having found valid reason for the revocation and a fair hearing, the court dismissed the claims for reinstatement, twelve months' compensation, notice pay, withheld salary and allowances. Notwithstanding the dismissal, the court, acknowledging the suffering the Claimant had undergone since losing his position, exercised discretion to deny the Respondents costs against him.
Legal principles established
#- A litigant who does not prove malice and improper motive in an unfair termination claim fails in that claim
- An employee should not be a judge in their own cause, such as where he processes a loan to himself
- The scope of a Select Committee of the house's investigation has no prescribed procedure governing the depth or extent of its inquiry
Court orders
#- 1.The suit was dismissed
- 2.No costs awarded against the Claimant - each party to bear own costs as the court directed there would be no costs against the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unfair termination claim (Employment Act; County Assembly Services Act invoked in submissions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Olwero v County Assembly of Siaya & another (Cause E040 of 2024) [2025] KEELRC 1797 (KLR)", Case Analysis (2025). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1797/eng@2025-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.