Mukora v National Industrial Training Authority & another (Cause 32 of 2019) [2025] KEELRC 2007 (KLR)
The bottom line
#A Kenyan court awarded a dismissed employee over Kshs 2 million because her disciplinary hearing lacked quorum and included her accuser.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant was fairly and justly terminated
The dismissal was unfair and unjustified because the disciplinary committee lacked quorum and included the claimant's accuser, denying her a fair hearing
The court found that of the six members appointed by the Director General only three attended the hearing of 12 January 2016, two sent apologies, and the Centre Manager E.M. Kirindi, who was the claimant's accuser, sat on the committee. The court held the quorum objection valid and applied Section 7(2) of the Fair Administrative Action Act on abuse of power, concluding the flawed process rendered the dismissal unfair under Section 45(2) of the Employment Act.
Whether the claimant was denied an opportunity to present her case to the correct forum on appeal
The claimant was denied an opportunity to present her case to the correct forum and her appeal grounds were not considered
The appeals committee comprised officers junior to members of the disciplinary committee and the claimant; the Ombudsman's inquiry and the PSC appeal did not consider her grounds. The court found the internal appeal structures flawed, compounding the unfairness of the original dismissal.
Whether the claimant is entitled to the remedies sought
Awarded one month's notice pay, 12 months' compensation, unremitted pension contributions and a certificate of service; underpayment and salary-until-retirement claims failed
Having found unfair and unjustified dismissal, the court applied Sections 49 and 51 of the Employment Act framework, awarding notice pay and maximum 12 months' compensation given the claimant's age and difficulty of securing new employment. The underpayment claim was time-barred under Section 90 of the Employment Act and the claim for salary until retirement was not granted.
Legal principles established
#- Subjecting an employee to a disciplinary committee lacking quorum and containing her accuser renders the process unfair and the resulting dismissal unjustified under Section 45 of the Employment Act
- A termination is unfair where the employer fails to prove a valid and fair reason and fair procedure, as provided by Section 45(2) of the Employment Act
Court orders
#- 1.1 month salary in lieu of notice of Kshs 154,596/-
- 2.Compensation for unlawful dismissal of 12 months' salary (Kshs 154,596 x 12 = Kshs 1,855,152/-)
- 3.Unremitted pension contributions of Kshs 29,845/-
- 4.Total award of Kshs 2,039,593/- less statutory deductions
- 5.Issuance of a certificate of service to the claimant
- 6.1st respondent to pay costs of the suit plus interest at court rates from the date of judgment
- Jurisdiction invoked
- Original employment and labour relations jurisdiction (Employment and Labour Relations Court); Employment Act, Fair Administrative Action Act and PSC Act invoked
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mukora v National Industrial Training Authority & another (Cause 32 of 2019) [2025] KEELRC 2007 (KLR)", Case Analysis (2025). Employment and Labour Relations Claim (Amended Statement of Claim dated 15th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2007/eng@2025-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.