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ELRCDismissedNot stated in judgment· [2025] KEELRC 1926 (KLR)

Maina v Hakika Transport Services Limited (Appeal E170 of 2024) [2025] KEELRC 1926 (KLR)

Employment and Labour Relations Court
30 June 2025
2,276 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court in Mombasa dismissed a dismissed clerk's appeal, confirming that proper disciplinary process and well-documented claims decide employment disputes.

What this practically means

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Executive summary

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This was a first appeal to the Employment and Labour Relations Court at Mombasa against the judgment of the learned magistrate delivered on 5 July 2024 in Mombasa CMELRC No. E241 of 2021, which dismissed the appellant's employment claim with costs. The appellant, employed as a clerk from around 2004 (per his evidence) or 1 March 2007 (per the appointment letter) until 25 June 2019, claimed unfair termination after being instructed to leave the work site, plus notice pay, service pay, unpaid leave, public holiday pay, overtime of over Ksh. 8 million, house allowance and underpayment. The respondent maintained the appellant was summarily dismissed for negligence allowing a company truck to be overloaded, causing apprehension and loss, after a notice to show cause dated 14 June 2019 and a disciplinary hearing on 19 June 2019 at which he was heard. The court applied the standard for a first appeal (Selle v Associated Motor Boat Co) and the principle that courts interfere with managerial prerogative only on breach of law or manifest abuse of power. It found due process was followed, service pay excluded by section 35(5) of the Employment Act given NSSF remittances, the public holiday claim lacked particulars, the overtime claim exaggerated, and the house allowance was included in pay. The appeal was found without merit and dismissed, with each party bearing its own costs of the appeal.

Key legal issues

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01

Procedural fairness of the termination

Holding

The termination was procedurally fair: a notice to show cause was issued, a disciplinary hearing held, and the appellant was heard before termination.

Reasoning

The court found the appellant was issued a notice to show cause, invited to a disciplinary hearing, attended with an employee of his choice and made representations. The respondent heard the appellant and established unsatisfactory conduct before terminating employment and issuing a notice. The court applied the principle that courts only interfere with managerial prerogative where there is breach of law or manifest abuse of power.

p. 4
02

Service pay

Holding

Service pay is not owed because the appellant was a registered member of NSSF with monthly remittances made by the respondent.

Reasoning

The court noted that statutory payments were made to NSSF and NHIF and invoked section 35(5) of the Employment Act, which excludes service pay for employees who are members of a statutory provident or pension fund such as NSSF.

p. 4
03

Public holiday and overtime claims

Holding

The public holiday claim failed for lack of particulars and the overtime claim was an exaggeration not accounting for leave and off days.

Reasoning

The Memorandum of Claim did not specify the public holidays worked; such days must be clearly outlined as gazetted by the Minister. The overtime claim, based on one extra hour per day accumulated over the entire employment, ignored leave days and days off, constituting an exaggeration that removes credibility.

p. 4

Legal principles established

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  • Courts will only interfere with an employer's managerial prerogative where the employer's actions breach the law, an internal regulation, or amount to a manifest abuse of power.
  • A general claim without supporting particulars removes its credibility.

Court orders

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  1. 1.Appeal dismissed as without merit
  2. 2.Each party to bear its own costs for the appeal
On appeal from
Magistrates' Court (ELRC), Mombasa
CMELRC No. E241 of 2021
Jurisdiction invoked
First appeal to the Employment and Labour Relations Court from the magistrates' court (CMELRC No. E241 of 2021)

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, "Maina v Hakika Transport Services Limited (Appeal E170 of 2024) [2025] KEELRC 1926 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1926/eng@2025-06-30

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