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ELRCDismissedNot stated in judgment (Memorandum of Claim dated 29th January 2024)· [2025] KEELRC 1813 (KLR)

Ombiri v Kenya Forest Service (Cause E006 of 2024) [2025] KEELRC 1813 (KLR)

Employment and Labour Relations Court
23 June 2025
NMNzioki wa Makau
2,216 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld an employee's dismissal as fair but also threw out the employer's Kshs 2.7 million counterclaim, leaving both sides with nothing but their own legal bills.

What this practically means

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Executive summary

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The Claimant, formerly Chief Forester of the Respondent, sued for unlawful dismissal, seeking Kshs. 5,782,080/- in salary arrears for June 2021 to December 2023, pension dues, and Kshs. 1,500,000/- as terminal dues. He alleged that his interdiction and dismissal followed an unfair disciplinary process in which his accusers and the authors of adverse audit findings did not testify, and that documents such as the internal audit report were withheld. The Respondent counterclaimed for Kshs. 2,694,702.25 under section 71(4) of the Public Finance Management Act, alleging the Claimant diverted Kshs. 3,086,500/- in imprest, forged a transfer letter, and admitted the debt in a letter of 23rd January 2023. The matter proceeded by written submissions under Rule 59 of the Court's rules. The court found the Claimant was given a show cause letter, responded, and was heard, holding the disciplinary process lawful and upholding the termination, noting pension dues had been paid. On the counterclaim, the court found the claimed sum unsupported, held that the request to account was not an admission of liability, and noted the Claimant had been denied access to crucial documents and to his office. The court dismissed both the claim and the counterclaim with no orders as to costs. Judgment delivered at Nairobi on 23rd June 2025 by Nzioki wa Makau, Judge.

Key legal issues

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01

Fairness of the disciplinary process and dismissal

Holding

The dismissal was lawful and procedurally fair; the show-cause and hearing requirements were met and the termination is upheld

Reasoning

The Claimant received a show cause letter to which he responded, and was subsequently given a hearing before the disciplinary committee on 26th October 2022. The court found the process followed the dictates of the law and produced a fair result, notwithstanding the Claimant's complaints about non-availability of documents and witnesses, which the court did not treat as vitiating the termination.

p. 4
02

The Respondent's counterclaim for Kshs. 2,694,702.25

Holding

The counterclaim fails; the claimed sum was unsupported and the Claimant was denied access to crucial documents

Reasoning

The Respondent asserted a balance of Kshs. 2,694,702.25 based on an alleged admission in a letter of 23rd January 2023 and deductions under the Public Finance Management Act. The court found the sum unsupported by evidence, the request for an account was not an admission, and the Claimant was denied the audit report and access to his office, hampering his defence.

p. 4
03

Overall outcome of claim and counterclaim

Holding

Both the claim and the counterclaim are unproved and stand dismissed with no orders as to costs

Reasoning

Although the court upheld the termination, the Claimant's monetary reliefs were not granted and the Respondent's counterclaim was unsupported. The final disposition dismisses both the claim and the counterclaim, with each side bearing its own costs.

p. 4

Legal principles established

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  • A request by an employee to provide an account of funds is not an admission of liability
  • A counterclaim sum that is unsupported by evidence cannot be ordered repaid

Court orders

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  1. 1.The Claimant's claim is dismissed
  2. 2.The Respondent's counterclaim is dismissed
  3. 3.No orders as to costs

Authorities

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Legislation

  • Public Finance Management Actsection 71(4)
  • Employment Actsection 45(2)
  • Employment Actsection 49
  • Fair Administrative Action Actsections 3, 4(3) and 4(4)(b)
  • Rules of this Court (Employment and Labour Relations Court)Rule 59

Cases cited (2)

  • Barmao v G4S Kenya Limited
    (Cause E184 of 2021) [2024] KEELRC 1141 (KLR)
  • Josiah Magena v Wakenya Pamoja Sacco Society Ltd
    [2017] eKLR
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court (matter disposed of by written submissions under Rule 59 of the Rules of this Court)

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, "Ombiri v Kenya Forest Service (Cause E006 of 2024) [2025] KEELRC 1813 (KLR)", Case Analysis (2025). Not stated in judgment (Memorandum of Claim dated 29th January 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1813/eng@2025-06-23

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