Ambasa v Equity Bank (K) Limited & another (Petition E060 of 2025) [2025] KEELRC 2113 (KLR)
The bottom line
#Kenya's Employment Court confirmed employers can end probationary jobs on 7 days' notice over failed background checks without a hearing.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the termination of the petitioner's employment during the probationary period, on the basis of unsatisfactory background screening results, was unfair
Key legal issues
#Whether the termination was unfair for want of notice and hearing
The termination was fair, being contractual and within the probationary period on 7 days' notice or pay in lieu
The appointment letter made employment subject to satisfactory background screening results and permitted termination during probation on 7 days' notice or pay in lieu. Section 41 procedures apply only to poor performance, misconduct or ill-health; the background checks formed part of recruitment, not a disciplinary process. The termination aligned with section 42 minimum terms for probationary service.
Whether the petitioner was entitled to details of the background check before termination
No statutory or constitutional entitlement to a hearing on background check outcomes in the recruitment context
The court found the alleged statutory breaches regarding notice and hearing on background checks untenable because the checks were part of recruitment and appointment, not disciplinary proceedings, and the termination was not attributable to misconduct, poor performance or ill-health.
Legal principles established
#- During probation, an employer may terminate on contractual notice terms where termination is not attributable to poor performance, misconduct or ill-health, and such termination under a background screening clause is not a disciplinary process attracting section 41 procedures
- Termination of probationary service on 7 days' notice or pay in lieu is consistent with the statutory minimum in section 42 of the Employment Act
Court orders
#- 1.The petition is dismissed
- 2.Each party to bear own costs of the petition
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not expressly stated; petition invoking Articles 35(1)(b) and (2), 41(1) and 47(1) of the Constitution of Kenya and employment and labour relations jurisdiction
Relief refused
#Declaration that termination was irregular, unprocedural, illegal, malicious and unconstitutional and null and void ab initio
Termination during probation was per the contract's background screening clause and consistent with section 42 of the Employment Act
Reinstatement and expungement of the termination letter
Petition dismissed; no unfairness established
Disclosure of background screening results
Claim not upheld; the respondents' case was upheld
12 months' salary compensation, damages for anguish, pending dues, declaration against the 2nd respondent, and restraining orders
Petition dismissed
Costs
Each party to bear own costs of the petition
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The background checks were not a disciplinary process but was part of the recruitment, selection and appointment processes.
With or without a thing against him the respondent was entitled to terminate during the probation period by giving 7-days' notice or pay in-lieu of notice thereof.
The termination was substantially per the express contractual provisions on background checks and termination of the contract during the probation period and which was consistent with minimum terms in section 42 of the Act on termination of probationary service.
In conclusion the petition is hereby dismissed with orders each party to bear own costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ambasa v Equity Bank (K) Limited & another (Petition E060 of 2025) [2025] KEELRC 2113 (KLR)", Case Analysis (2025). Petition dated 08.04.2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2113/eng@2025-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.