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ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 1840 (KLR)

Mathew v County Government of Meru & 3 others (Cause E033 of 2024) [2025] KEELRC 1840 (KLR)

Employment and Labour Relations Court
25 June 2025
2,267 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that even a valid reason for firing an employee is not enough—you must also give notice and a fair hearing, or the termination is unlawful.

What this practically means

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Executive summary

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The claimant, employed by the 1st respondent as Manager of Igoji Youth Training Centre on a three-year non-renewable contract commencing 6th September 2021, had his contract revoked by the County Secretary on 30th May 2023 on the ground that he had been engaged after attaining the mandatory retirement age of 60 years. The termination was effected without notice or hearing. The respondents denied liability, asserting the contract was illegal and void ab initio, and belatedly contended in submissions that the court lacked jurisdiction under section 77 of the County Government Act by virtue of the exhaustion doctrine. The court rejected the jurisdictional objection as raised too late, the respondents having submitted to its jurisdiction. Applying section 45 of the Employment Act, the court held that the respondents proved a valid reason for termination - the claimant was 62 at appointment, contrary to the 60-year mandatory retirement age in section D21 of the HR Policies and Procedures Manual, 2016, as highlighted by the Auditor General and a CPSB circular. However, the termination without notice or hearing breached sections 41 and 45(2)(c) of the Employment Act and Articles 47 and 236 of the Constitution, rendering the revocation unfair and unlawful. The court granted a declaration that the revocation was unfair but declined the claim for Kshs.2,441,890 in salary for the unexpired contract period for lack of evidence. Costs were awarded to the claimant. The judgment was delivered virtually with the parties' consent, waiving Rule 28(3) of the ELRC Procedure Rules.

Key legal issues

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01

Whether the termination of the claimant's contract was unfair and unlawful

Holding

The revocation was grounded on a valid reason (employment beyond the mandatory retirement age of 60) but the procedure was unfair because no notice or hearing was given; the termination was therefore unfair and unlawful under section 45 of the Employment Act

Reasoning

Section 45 of the Employment Act requires an employer to prove a valid reason and fair procedure. The court accepted that the claimant was 62 at appointment and that the employer knew his age, but the Auditor General's report and the CPSB circular grounded a valid reason for termination. However, the respondents admitted no prior notice or hearing was given as required under section 41, so the procedure failed and the termination was unfair.

p. 5
02

Whether the respondents' jurisdictional objection based on section 77 of the County Government Act and the exhaustion doctrine succeeds

Holding

Rejected as raised too late, since the respondents had already submitted to the court's jurisdiction

Reasoning

The objection was raised only in submissions, not in the pleadings at the outset. Having participated in the hearing before the ELRC, the respondents had subjected themselves to the court's jurisdiction and could not belatedly invoke the exhaustion doctrine to defeat the suit.

p. 3
03

Whether the claimant was entitled to salary for the unexpired contract period

Holding

Declined for lack of evidence

Reasoning

The claim for Kshs.2,441,890 covered salary from June 2022 to September 2024, a period after the contract was revoked. No evidence supported the claim, and the court declined to award salary for a period during which the claimant did not serve.

p. 5

Legal principles established

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  • An employer must prove both a valid reason for termination and adherence to a fair procedure; termination without notice or a hearing violates sections 41 and 45 of the Employment Act and Articles 47 and 236 of the Constitution
  • A party cannot belatedly raise the exhaustion doctrine in submissions after submitting to the court's jurisdiction

Court orders

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  1. 1.A declaration that the revocation of the claimant's contract by the respondents was unfair
  2. 2.Costs of the suit allowed to the claimant
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 41 and 45) and Articles 47 and 236 of the Constitution; respondents' objection under section 77 of the County Government Act rejected

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, "Mathew v County Government of Meru & 3 others (Cause E033 of 2024) [2025] KEELRC 1840 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1840/eng@2025-06-25

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