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ELRCPartially AllowedPetition dated 24th October 2024 (number not stated in judgment)· [2025] KEELRC 2096 (KLR)

Murira v Kenya Medical Training College & another (Employment and Labour Relations Petition E177 of 2024) [2025] KEELRC 2096 (KLR)

Employment and Labour Relations Court
17 July 2025
5,410 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled that dismissing an employee without a disciplinary hearing is unconstitutional, awarding her KES 2 million in damages plus retirement benefits.

What this practically means

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Executive summary

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The petitioner, a cook/caterer employed in 1988 and deployed to the Kenya Medical Training College, applied for re-designation as Lecturer in Human Nutrition, supporting her 2021 application with a Bachelor of Science in Human Nutrition and Dietetics degree certificate from Kabarak University. Following a government directive to verify academic credentials, Kabarak University reported the certificate to be a forgery. The petitioner was issued a show cause letter on 5th May 2023, responded on 12th May 2023, was suspended on 31st May 2023 and dismissed by letter dated 10th July 2023. Her appeal was heard on 20th November 2023 - a day after her notified retirement date of 19th November 2023 - and the dismissal was upheld on 27th March 2024. The respondents raised a preliminary objection invoking the doctrine of constitutional avoidance and arguing the petition lacked precision on the constitutional provisions violated. The court framed three issues and found that although the petitioner was given a show cause letter, there was no indication she was invited to a disciplinary hearing before dismissal, contrary to Section 41 of the Employment Act, the Fair Administrative Action Act and Article 50(1) of the Constitution. The dismissal was therefore unfair and breached her rights under Articles 41, 47 and 50(1). The court allowed the petition in part: she was to be considered to have retired on 19th November 2023 with all salaries and allowances to that date, paid all retirement benefits, awarded KES 2 million in constitutional damages, plus costs and interest. Reinstatement and promotion were not granted.

Key legal issues

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01

Procedural fairness of the dismissal

Holding

The dismissal was unfair because the petitioner was not invited to a disciplinary hearing before dismissal; issuance of a show cause letter and her response did not substitute for a hearing

Reasoning

The court traced the chronology: show cause letter of 5th May 2023, response of 12th May 2023, suspension on 31st May 2023 and dismissal letter of 10th July 2023. It found no evidence of a disciplinary hearing before dismissal. Section 41 of the Employment Act, section 4 of the Fair Administrative Action Act and Article 50(1) require a hearing on misconduct, so the dismissal was unfair.

p. 10
02

Constitutional violations

Holding

The dismissal without a hearing infringed the petitioner's rights under Articles 41, 47 and 50(1) of the Constitution

Reasoning

Having found the dismissal procedurally unfair, the court held that dismissing the petitioner without an opportunity to be heard breached her constitutional rights to fair labour practices, fair administrative action and a fair hearing, entitling her to constitutional damages.

p. 11
03

Preliminary objection on constitutional avoidance and precision of pleadings

Holding

The objection did not succeed; the petition proceeded despite the respondents' argument that the dispute should have been an ordinary employment claim

Reasoning

The respondents invoked the doctrine of constitutional avoidance (CCK v Royal Media Services) and Anarita Karimi Njeru precision, arguing the petition was really an unfair termination claim and pleaded no specific violations. The court did not uphold the objection and proceeded to determine the petition, finding actual infringements of Articles 41, 47 and 50(1).

p. 9
04

Remedies for unfair and unconstitutional dismissal

Holding

Petitioner awarded salary and allowances to retirement date, all retirement benefits, KES 2 million constitutional damages and costs with interest

Reasoning

Since reinstatement was not practical given the retirement date of 19th November 2023, the court fashioned remedies treating the petitioner as having retired on that date, payable retirement benefits, exemplary constitutional damages of KES 2 million for the breach of rights, and costs with interest from the judgment date.

p. 11

Legal principles established

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  • No termination on grounds of misconduct may proceed without a hearing under Section 41 of the Employment Act
  • A dismissal without an opportunity to be heard breaches Articles 41, 47 and 50(1) of the Constitution
  • Article 50(1) embodies the audi alteram partem rule that no person should be condemned unheard

Court orders

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  1. 1.The petitioner be considered to have retired and be paid all her salaries and allowances up to her retirement on 19th November 2023
  2. 2.The petitioner be paid all her retirement benefits
  3. 3.The respondents to pay the petitioner damages for breach of her constitutional rights to the tune of 2 million (KES 2,000,000)
  4. 4.The respondents to pay costs of the suit plus interest at court rates with effect from the date of judgment
Jurisdiction invoked
Articles 22, 23, 41, 47 and 50(1) of the Constitution and the Employment Act 2007 (original jurisdiction of the ELRC)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Murira v Kenya Medical Training College & another (Employment and Labour Relations Petition E177 of 2024) [2025] KEELRC 2096 (KLR)", Case Analysis (2025). Petition dated 24th October 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2096/eng@2025-07-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.