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ELRCDismissedNot stated in the judgment· [2025] KEELRC 1902 (KLR)

Kisiara v Coperative Bank of Kenya Limited (Employment and Labour Relations Cause E978 of 2021) [2025] KEELRC 1902 (KLR)

Employment and Labour Relations Court
25 June 2025
5,292 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

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The Employment Court dismissed a former bank manager's unfair termination claim and ordered him to repay over Kshs. 8.2 million in staff loans, plus interest and costs.

What this practically means

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Executive summary

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The Claimant, formerly a Branch Manager at the Respondent bank's Naivasha Branch earning Kshs.244,159.00, was summarily dismissed on 20th March 2019 for alleged breaches of the Proceeds of Crime and Anti-Money Laundering Act, 2009, including failure to report suspicious high-value transactions linked to Narok County Government funds and receiving kickbacks through a company he incorporated. He claimed a declaration of unfair termination, notice pay, twelve months' compensation and a 2018 bonus. The Respondent denied the claim, citing prior warnings and disciplinary process, and counterclaimed for Kshs.8,220,080.54 being consolidated personal and house loans due at commercial rates upon dismissal. The court framed five issues. On jurisdiction, it held that the staff loan facility was an employment benefit issued in the course of employment, so the Counter Claim fell within the court's jurisdiction under Article 162(2)(a) despite the security by charge. On the merits, the court found the Claimant had been given notice to show cause, responded, and was heard by a disciplinary committee, where he made admissions regarding conflicts of interest and failure to report suspicious transactions. Prior warnings and audit findings evidenced persistent lapses. The court found the Respondent had valid and fair reasons and followed due process, and the Claimant failed to substantiate unlawful termination under section 47(5) of the Employment Act, 2007. The claim was dismissed, the Counter Claim allowed with interest at commercial and court rates, and the Claimant ordered to pay the costs of the claim. Judgment delivered on 25th June 2025 by D. K. Njagi Marete, Judge.

Key legal issues

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01

Jurisdiction over the Counter Claim on a secured commercial loan

Holding

The court has jurisdiction because the loan facility was issued in the course of and by virtue of the Claimant's employment

Reasoning

The Claimant argued the loan was a commercial, secured debt within the Land Act and outside the ELRC. The Respondent argued the preferential facility was an employment benefit. The court held the facility was part and parcel of benefits accruing to the Claimant by virtue of his employment, so the dispute relates to employment and labour relations under Article 162(2)(a), and the court may hear it wholesale without dissecting issues to other fora.

p. 6
02

Whether termination was wrongful, unfair and unlawful

Holding

The termination was lawful; valid and fair reasons existed and due process was followed

Reasoning

The Claimant was issued a notice to show cause, responded, and appeared before a disciplinary committee where he made admissions including conflicts of interest and failure to report suspicious high-value transactions. Prior warnings and audit findings showed persistent lapses. The court found the Respondent had substantiated the grounds under sections 43, 45 and 47(5) of the Employment Act, 2007, and the Claimant failed to discharge his burden under section 47(5).

p. 11
03

Entitlement to the Counter Claim

Holding

The Respondent is entitled to judgment on the Counter Claim for the outstanding consolidated loans

Reasoning

The Claimant did not contest the validity of the Counter Claim, only the court's jurisdiction. Having found jurisdiction and relying on authority that staff loans remain due and owing after departure, the court allowed the Counter Claim and awarded Kshs.8,220,080.54 with interest.

p. 6

Legal principles established

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  • Disputes concerning loan facilities issued to employees in the course of employment, including accrued interest, fall within the jurisdiction of the Employment and Labour Relations Court as disputes relating to employment and labour relations
  • Loan facilities issued to employees in the course of employment remain due and owing to the issuing institution and employer upon the employee's departure from employment

Court orders

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  1. 1.The Claimant is ordered to meet and pay Kshs.8,220,080.54 being loans owing to the Respondent employer
  2. 2.Interest on [i] above at commercial rate from the date of departure or dismissal from employment todate
  3. 3.Interest at court rates from the date of this judgment till payment in full
  4. 4.The costs of the claim shall be borne by the Claimant

Authorities

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Legislation

  • Employment Actsections 40, 41, 43, 45(2)(a) and (b), 47(5)
  • Proceeds of Crime and Anti-Money Laundering Act, 2009 (POCAMLA)Clause 29:9(iv), clause 29(6) (as cited)
  • Constitution of Kenya, 2010Article 162(2)(a)
  • Employment and Labour Relations Court Actsection 12(1)
  • Land Act, Chapter 80, Laws of Kenyasection 90(3)
  • Public Procurement and Disposal Act / Public Procurement and Asset Disposal ActNot specified

Cases cited (8)

  • Ouma v Faulu Microfinance Bank Ltd
    [Cause E015 of 2022] [2023] KEELRC 940 [KLR]
  • Banking Insurance and Finance Union Kenya v Consolidated Bank of Kenya
    [2020] eKLR
  • Abraham Nyambane Osiago v Barclays Bank of Kenya Limited
    [2013] eKLR
  • Jim Kennedy Kiriro Njeru v Equity Bank [K] Limited
    [2019] eKLR
  • Pius Machafu Ishindu v Lavington Security Guards Limited
    [2012/2015] EKLR
  • Muthaiga Country Club v Peter Ngau Nzioka
    [2019] EKLR
  • Cec Stanic Bank Limited v Danson Mwashako Mwakuwoma
    [2015] EKLR
  • Bamburi Cement Limited v William Kilonzi
    [2016] EKLR
Jurisdiction invoked
Article 162(2)(a) of the Constitution and section 12(1) of the Employment and Labour Relations Court Act

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, "Kisiara v Coperative Bank of Kenya Limited (Employment and Labour Relations Cause E978 of 2021) [2025] KEELRC 1902 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1902/eng@2025-06-25

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