Koech v Ekatera Tea Kenya PLC (Cause E029 of 2023) [2025] KEELRC 1995 (KLR)
The bottom line
#A Kenyan court dismissed a long-serving manager's unfair dismissal claim because his employer proved both a genuine reason for firing and a fair disciplinary process.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent had valid and justifiable reasons for the summary dismissal
The court found the reasons reasonable and valid under section 45(1) and (2)
The Claimant, as Maintenance Manager, was responsible for boiler and fleet maintenance. A May 2023 inspection report flagged an abnormality in the JTA Boiler ID fan, which broke down for six hours in August 2023; vehicles also went unrepaired. The court held these reasons passed the validity test, applying the partly subjective test in Kenya Power & Lighting Co Ltd v Aggrey Lukorito Wasike.
Whether the Respondent followed a fair procedure under sections 41 and 45 of the Employment Act
Procedure was fair: two show cause notices, responses considered, and a disciplinary hearing attended with a representative
The Claimant was informed of the charges via two notices to show cause, responded to both, and attended a disciplinary hearing on 5 September 2023 accompanied by Bernard Rono, whose presence and signature on the minutes the court noted. This satisfied the requirements of section 41 and the Chitavi ingredients of procedural fairness.
Legal principles established
#- For a termination to pass the fairness test, it must be shown that there was not only substantive justification for the termination but also procedural fairness
- The test under section 43 of the Employment Act is partly subjective; an employer need only prove reasons it genuinely believed to exist
Court orders
#- 1.The Claimant's claim is dismissed
- 2.Each party will meet their costs of the suit
- 3.The Claimant to be given his certificate of service within 30 days
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment and Labour Relations Court Act; Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koech v Ekatera Tea Kenya PLC (Cause E029 of 2023) [2025] KEELRC 1995 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1995/eng@2025-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.