Njue v KCB Bank Kenya Limited (Employment and Labour Relations Cause E782 of 2021) [2025] KEELRC 2018 (KLR)

Section 41 of the Employment Act requires the employer to explain the reasons for termination and afford the employee a hearing. The court held that the envisaged hearing involves witnesses who can be cross-examined. The Respondent relied on an independent forensic report and recorded statements not provided to the Claimant, and no witness from the hospital testified regarding alleged forged documents. The committee therefore had no proof of the allegations.

The Claimant established that the KCB Bank Group Disciplinary and Grievance Handling Policy dated 28th December 2012 establishes a Disciplinary Appeals Committee to hear appeals. Despite the Claimant appealing on 21st September 2018, the Respondent did not constitute such a committee. This internal policy non-compliance contributed to the finding of procedural unfairness.

The court noted the Respondent alleged forgery of hospital documents, falsification of sales credit and data manipulation but called no witness to produce that evidence. Under Sections 43, 45(2) and 47(5) of the Employment Act the employer bears the burden of proving valid and fair reasons. The RW1 himself admitted no witnesses were called and that the forensic report and statements were not given to the Claimant.

In exercising discretion under Section 49 of the Employment Act, the court considered the failure by the Respondent to follow due process and the cutting short of the Claimant's career. It fixed compensation at 10 months of the salary of Kshs 157,993, less statutory deductions, and ordered issuance of a certificate of service with costs and interest.