Kibiro v Ole-Sereni (Employment and Labour Relations Cause E741 of 2022) [2025] KEELRC 2076 (KLR)
The bottom line
#A Kenyan court ruled that an employer's unfair disciplinary process amounted to constructive dismissal, awarding the former HR manager over Kshs 5.4 million.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant was constructively dismissed
The respondent's flawed disciplinary process, use of faceless accusers and failure to supply requested documents pushed the claimant to resign, amounting to constructive dismissal
The claimant was suspended and issued a notice to show cause over sexual harassment complaints by unnamed staff. He sought details, signed statements and policies; the court found no evidence the requested documents were ever supplied. Referring him to the respondent's counsel was improper. Section 41 of the Employment Act and Section 6 of the Fair Administrative Action Act required disclosure of relevant information, and the failure denied him a fair opportunity to defend himself.
Whether the claimant is entitled to remedies
The claimant was awarded 6 months' salary compensation, service pay and 2 months' notice pay, plus costs and interest
Having found constructive termination, the court awarded compensation of six months' salary for the unfair treatment and denial of an opportunity to present his case, service pay of Kshs 1,260,000, and two months' salary as notice pay, less statutory deductions, with costs and interest at court rates from the date of judgment.
Legal principles established
#- Where an employer follows a flawed disciplinary process and denies the employee information necessary to defend himself, such conduct may push the employee to resign and amount to constructive dismissal
- An employee facing disciplinary action is entitled to be supplied with the evidence against him, including the identities of accusers, to allow him respond
Court orders
#- 1.6 months' salary as compensation for unfair treatment: Kshs 3,360,000
- 2.Service pay of Kshs 1,260,000
- 3.2 months' salary as notice pay: Kshs 820,000 (total Kshs 5,416,000 less statutory deductions)
- 4.Respondent 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 and Labour Relations Court Act (costs under Section 12(4) invoked); first-instance employment claim
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kibiro v Ole-Sereni (Employment and Labour Relations Cause E741 of 2022) [2025] KEELRC 2076 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2076/eng@2025-07-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.