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ELRCPartially AllowedMemorandum of Claim dated 16.12.2022 (ELRC, Nairobi)· [2025] KEELRC 2116 (KLR)

Mwakodi v Kenya Revenue Authority (Cause E943 of 2022) [2025] KEELRC 2116 (KLR)

Employment and Labour Relations Court
17 July 2025
3,443 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's employment court ruled KRA unfairly sacked an employee over alleged fraud it couldn't prove, awarding him Kshs. 3.375 million plus his certificate of service.

What this practically means

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Executive summary

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The claimant, employed by the respondent (Kenya Revenue Authority) from 1996 and last serving as an Assistant Manager earning Kshs. 250,000 per month, was dismissed by letter dated 16.06.2021 on the ground that he fraudulently approved downward PAYE amendments for 12 taxpayers, allegedly causing revenue loss of Kshs. 604,079.74. He challenged the dismissal as substantively unjustified and procedurally unfair, seeking declarations, notice pay, pro-rated leave, 12 months' compensation, aggravated damages, a certificate of service, interest and costs. The respondent asserted that the dismissal followed a fair process and was justified under section 44(4) of the Employment Act and its Code of Conduct. The court found that procedurally the respondent complied with section 41, including show cause, hearing and appeal. However, on substance, the evidence on a balance of probabilities showed an i-tax system error rather than fraud: the taxpayers had paid their tax in full, never sought refunds, and the respondent suffered no loss. The alleged fraud and negligence were therefore not established, rendering the reasons for termination non-existent under section 43 and unfair under section 45. On remedies, the court awarded ten months' gross salary (Kshs. 2,500,000) as compensation, plus uncontested notice pay of Kshs. 750,000 and pro-rated leave of Kshs. 125,000, totalling Kshs. 3,375,000 less PAYE, payable by 01.09.2025 failing interest. Aggravated damages were refused as already accommodated in the section 49 award. A certificate of service was ordered, and the claimant was awarded costs of the suit.

Key legal issues

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01

Procedural fairness under section 41

Holding

Respondent substantially complied with fair procedure - show cause, response, disciplinary hearing, appeal and re-appeal

Reasoning

The claimant received a show cause letter, replied, attended a disciplinary panel, and the verdict and appeals were communicated. The re-appeal was disallowed on the basis that the Code of Conduct allowed only one appeal, which the court held could not be faulted. Procedural fairness was therefore satisfied.

p. 5
02

Validity of the reason for termination

Holding

The alleged fraud or negligence was not proved; the reason was non-existent under section 43 and unfair under section 45

Reasoning

On a balance of probabilities, the evidence showed an i-tax system error rather than fraud. The taxpayers had paid the tax in full and never claimed refunds, and the respondent suffered no loss. The investigation failed to establish deception or breach of duty causing loss, so the reasons for termination did not exist.

p. 6
03

Remedies for unfair termination

Holding

Ten months' gross salary compensation, plus uncontested notice pay and pro-rated leave, plus certificate of service

Reasoning

Balancing mitigation (willingness to pay notice and leave) against aggravation (24 years of clean service, punishment for the respondent's own deficient system), the court awarded ten months' gross salary at Kshs. 250,000 per month, plus Kshs. 750,000 notice pay and Kshs. 125,000 pro-rated leave.

p. 6

Legal principles established

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  • Where an employer fails to prove the alleged fraud or negligence, the reasons for termination are non-existent under section 43 and not fair under section 45 of the Employment Act
  • An employer punishing an employee for its own deficient operational system is an aggravating factor in compensation

Court orders

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  1. 1.Declaration that the termination was unfair
  2. 2.Respondent to pay the claimant Kshs. 3,375,000.00 (less PAYE) by 01.09.2025, failing interest at court rates from the date of judgment till full payment
  3. 3.Respondent to issue and deliver the claimant's certificate of service by 01.09.2025
  4. 4.Respondent to pay the claimant's costs of the suit
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance employment claim)

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, "Mwakodi v Kenya Revenue Authority (Cause E943 of 2022) [2025] KEELRC 2116 (KLR)", Case Analysis (2025). Memorandum of Claim dated 16.12.2022 (ELRC, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2116/eng@2025-07-17

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