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ELRCPartially AllowedAppeal (ELRC, Nyeri) - number not stated in judgment

Iburi v Uhuru Flowers Limited (Employment and Labour Relations Appeal E003 of 2024) [2025] KEELRC 1873 (KLR)

Employment and Labour Relations Court
27 June 2025
3,068 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded a flower farm worker six months' salary because her employer couldn't prove she received the disciplinary letter or was heard before dismissal.

What this practically means

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Executive summary

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This is a first appeal to the Employment and Labour Relations Court at Nyeri against the dismissal by the trial magistrate (Nyambu CM) of the appellant's suit challenging the termination of her employment as a Flower Attendant by the respondent on 26th October 2020 for misconduct. The appellant argued she was never served with the show cause letter or summoned to the disciplinary hearing, and that the charges at the hearing differed from those in the show cause letter. The respondent maintained she was served and squandered the chance to be heard. On appeal, Makau J reiterated the first appellate duty to re-evaluate evidence, citing Selle v Associated Motor Boat Company Ltd, and framed three issues: validity of the reason, procedural fairness, and reliefs. The court found a valid reason existed in the admitted breach of harvesting Standard Operating Procedures, but held that the non-performance reason in the termination letter was never raised in the show cause letter or disciplinary minutes. Critically, the respondent produced no evidence of service of the show cause letter or of the summons to the hearing; the alleged server and the person sent to call the appellant were not called as witnesses, and the termination letter itself made no claim of service. The termination was therefore procedurally unfair under sections 41 and 45 of the Employment Act, guided by George Musamali v G4S Security Services Kenya Ltd. Reinstatement was refused as the three-year window under section 12(3) had closed; the court awarded six months' gross salary (Kshs.92,802) under section 49(1), subject to statutory deductions, with costs of the appeal and the court below. The claim for future salary to retirement was declined for lack of particulars.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the termination of the appellant's contract of employment was unfair and unlawful
  2. 2.Whether the reliefs sought in the statement of claim are merited
  3. 3.Who should bear the cost of the appeal

Key legal issues

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01

Whether there was a valid reason for termination

Holding

A valid reason existed - harvesting flowers in breach of Standard Operating Procedures, which the appellant admitted - but the non-performance reason in the termination letter was not valid as it was never raised in the show cause letter or disciplinary hearing

Reasoning

The court examined the termination letter which cited non-performance and prior warnings. Non-performance was never mentioned in the show cause letter or disciplinary minutes, so it could not ground the dismissal. However, the charge of harvesting flowers without adhering to SOPs was raised in the show cause letter and disciplinary hearing, and the appellant admitted that offence at trial, satisfying the valid reason requirement under section 45(2)(a) and (b).

p. 6
02

Whether fair procedure under section 41 of the Employment Act was followed

Holding

No - service of the show cause letter and summons to the disciplinary hearing was not proved; the appellant was never accorded an opportunity to defend herself

Reasoning

The appellant denied service of the show cause letter dated 19th October 2020 and denied being called to the hearing. The respondent led no evidence of service; the alleged server and the person sent to call the appellant were not called as witnesses. The termination letter itself made no allegation of service. The court therefore found the appellant was never heard, rendering the termination unfair and unlawful within section 45.

p. 6
03

Appropriate remedies

Holding

Declaration of unfair termination plus compensatory damages of six months' gross salary (Kshs.92,802) under section 49(1); reinstatement unavailable as the three-year window under section 12(3) had closed

Reasoning

Having found the termination unfair, the court declared it so under section 45. Reinstatement could not issue because three years had lapsed since termination. Considering the appellant's over ten years of service but her contributory misconduct, the court exercised discretion under section 49(1) to award six months' gross salary based on the payslips showing Kshs.15,467 gross pay.

p. 7

Legal principles established

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  • An employer must prove service of a show cause letter and that the employee was afforded an opportunity to be heard before termination; failure to prove service renders the termination procedurally unfair under sections 41 and 45 of the Employment Act.

Court orders

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  1. 1.Appeal allowed; judgment of the trial court set aside and substituted
  2. 2.Compensation of Kshs.92,802.00 (six months' gross salary) awarded to the appellant
  3. 3.The award is subject to statutory deductions
  4. 4.Costs of the appeal and the court below awarded to the appellant

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Trial court (magistrates' court, ELRC)
Jurisdiction invoked
First appeal to the Employment and Labour Relations Court against the judgment of the trial magistrate in an employment dispute

Relief refused

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Reinstatement

The three-year window permitted by section 12(3) of the Employment Act has lapsed

p. 7

Future salary and allowances until retirement

Lack of particulars and supporting evidence

p. 7

Costs

Costs of the appeal and the court below awarded to the appellant

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Consequently, I allow the appeal, set aside the judgment of the trial court and substitute it with the following orders in favour of the appellant:
p. 7disposition
Compensation ………………………………..Kshs.92,802.00
p. 7final orders - compensatory damages
The award is subject to statutory deductions.
p. 7final orders - statutory deductions
Costs of the appeal and court below.
p. 7final orders - costs
Consequently, I find that the appellant was never accorded any opportunity to defend herself before termination of her employment on account of misconduct. Consequently, the termination was unfair and unlawful within the meaning of section 45 of the Employment Act.
procedural fairness
The respondent did not adduce any evidence to prove service of the show cause letter or to prove that the appellant was made aware of the disciplinary hearing.
p. 6burden of proving service

Issues in the judgment

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minor

Appellant's monthly gross salary stated as Kshs.44,567 in one paragraph and Kshs.15,467 elsewhere; the court adopted Kshs.15,467 based on payslips

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, "Iburi v Uhuru Flowers Limited (Employment and Labour Relations Appeal E003 of 2024) [2025] KEELRC 1873 (KLR)", Case Analysis (2025). Appeal (ELRC, Nyeri) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1873/eng@2025-06-27

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