Mwangi v Kevian Kenya Limited (Employment and Labour Relations Cause E456 of 2022) [2025] KEELRC 2032 (KLR)
The bottom line
#A Kenyan court ruled that signing a discharge voucher cannot shield an employer from claims of unfair termination under the Employment Act.
What this practically means
#Executive summary
#Key legal issues
#Effect of a discharge voucher on statutory claims
The signing of the discharge voucher did not discharge or absolve the Respondent of its statutory obligations.
The court distinguished the authorities cited by the Respondent upholding discharge vouchers, noting that here the claimant alleged procedural unfairness. Statutory protections under sections 41 and 45 of the Employment Act cannot be contracted out of; a voucher does not automatically bar redress where the termination was procedurally or substantively flawed.
Whether the termination was wrongful, unfair and unlawful
The termination was substantively and procedurally unfair.
Termination must be both substantively justified and procedurally fair. The Respondent alleged poor performance and insubordination but produced no performance evaluation system or documented warnings; the show-cause letters lacked specificity. The claimant was summarily dismissed without a proper hearing, and probationary status did not exempt the employer from procedural fairness.
Probationary contracts and statutory protections
Probationary contracts do not exclude the protections of sections 41 and 45 of the Employment Act.
Relying on Monica Munira Kibuchi and National Bank of Kenya v Samuel Ngugu Mutonya, the court held that even probationary terminations require adherence to basic fairness, including explanation of allegations and an opportunity to respond, and that the contractual clause permitting two weeks' notice was misplaced as a defence to the absence of a hearing.
Legal principles established
#- Section 45 of the Employment Act prohibits unfair termination and no contractual clause or discharge voucher can negate this statutory protection.
- Probationary employees are entitled to procedural fairness under Section 41 of the Employment Act.
- Termination for poor performance requires proof of an established performance evaluation system and prior warnings.
Court orders
#- 1.One (1) month salary in lieu of notice of Kshs.120,000.00
- 2.Six (6) months salary as compensation for unlawful termination of employment of Kshs.720,000.00, total award Kshs.840,000.00
- 3.The Respondent is ordered to issue the Claimant with a Certificate of Service in thirty (30) days
- 4.The costs of this cause shall be borne by the Respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwangi v Kevian Kenya Limited (Employment and Labour Relations Cause E456 of 2022) [2025] KEELRC 2032 (KLR)", Case Analysis (2025). Memorandum of Claim dated 28th June 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2032/eng@2025-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.