Onyango v KCB Football Club (Cause E828 of 2022) [2025] KEELRC 2006 (KLR)
The bottom line
#Kenya's Employment Court ruled KCB Football Club unfairly sacked its coach without a hearing, awarding him over Kshs 1.5 million.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in termination for poor performance
Termination without a show-cause letter or fair disciplinary hearing under section 41 was procedurally unfair
RW1 admitted no notice to show cause was issued and no certificate of service given. The contract provided for quarterly reviews, but the claimant was terminated before the season ended with only one loss in the remaining 9 matches. Section 41 requires an employer to explain the reasons and allow the employee a representative. None of this was done, so the termination was procedurally unfair.
Substantive justification for termination for poor performance
The respondent failed to prove a valid reason as required by section 43 of the Employment Act
The employer produced no quarterly reports to demonstrate underperformance and could not explain the basis for the points target. Poor performance places a high evidential burden on the employer, including proof of an evaluation policy and measures to address poor performance. The respondent admitted the claimant was not subjected to a fair hearing and the reasons were not validly proved.
Jurisdiction objection based on club/FKF constitutions
The objection was not upheld; the court determined the employment claim
The respondent argued the dispute fell under the KCB Constitution and FKF Constitution with unexhausted internal remedies. The court did not address this objection in its analysis and proceeded to examine the evidence and determine the claim on its merits under the Employment Act.
Legal principles established
#- A termination for poor performance requires both substantive justification and procedural fairness, including a hearing under section 41 of the Employment Act
- The employer bears the burden of proving the reason for termination; failure to do so renders the termination unfair
Court orders
#- 1.1-month salary in lieu of notice of Kshs 170,000/-
- 2.Compensation for unfair termination of 8 months' salary (8 x 170,000 = Kshs 1,360,000/-), total Kshs 1,530,000/- less statutory deductions
- 3.Claimant to be issued with a certificate of service
- 4.Respondents to pay costs of the suit plus interest at court rates from the date of judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 (jurisdiction objected to by Respondent but not upheld)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango v KCB Football Club (Cause E828 of 2022) [2025] KEELRC 2006 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2006/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.