Shikuku v Centurion Pharmacy Limited (Cause E534 of 2020) [2025] KEELRC 2197 (KLR)
The bottom line
#A Nairobi court ruled a pharmacist's same-day dismissal for theft was unfair because the pharmacy skipped the mandatory hearing and show cause steps.
What this practically means
#Executive summary
#Key legal issues
#Whether the summary dismissal was lawful and fair
The dismissal was wrongful and unfair as the Claimant was not afforded the procedural fairness mandated by Section 41 of the Employment Act
The Claimant was confronted with accusations of theft and assault and dismissed on the same day, with no prior show cause notice or formal invitation to a hearing. Section 41 requires the employer to explain the reasons and hear the employee's representations before dismissal. The Respondent offered no independent evidence of the alleged misconduct. Accordingly, the dismissal failed both procedurally and substantively.
Whether the Claimant was entitled to the remedies sought
Awarded 6 months' salary in compensation and 1 month's salary in lieu of notice; other heads refused
Compensation was assessed at six months' salary considering the Claimant's length of service and the Respondent's failure to allow him to prepare and present a defence. One month's salary in lieu of notice was awarded. No basis was established for salary for the remainder of service, general, aggravated and punitive damages, or severance pay.
Legal principles established
#- Gross misconduct must be proved at the shop floor through compliance with the mandatory procedural steps in Section 41 of the Employment Act, including a show cause notice and opportunity to respond
Court orders
#- 1.Judgment entered in favour of the Claimant for 6 months' salary in compensation (Kshs. 326,760) and 1 month's salary in lieu of notice (Kshs. 54,460), totalling Kshs. 381,220
- 2.Interest at court rates from the date of judgment until payment in full
- 3.The Respondent's declaration that the Claimant was dismissed on grounds of insubordination and theft set aside
- 4.Claimant awarded costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment dispute (Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shikuku v Centurion Pharmacy Limited (Cause E534 of 2020) [2025] KEELRC 2197 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2197/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.