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ELRCPartially AllowedStatement of Claim dated 2nd June 2023· [2025] KEELRC 2198 (KLR)

Mburu v Tessera Limited (Cause E469 of 2023) [2025] KEELRC 2198 (KLR)

Employment and Labour Relations Court
24 July 2025
LNLINNET NDOLO
1,644 words in judgment
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The bottom line

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Kenya's Employment Court awarded an dismissed employee Kshs 1.1 million because the employer never gave him a hearing before firing him.

What this practically means

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Executive summary

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The Claimant, employed as Strategic Lead on a monthly salary of Kshs. 370,000 from 1st May 2020, was summarily dismissed on 17th April 2023 for non-adherence to company policy on attendance, tardiness and absenteeism, citing prior warnings and unexplained absences. He sued for a declaration of unfair dismissal, reinstatement, 12 months' salary, punitive damages, a certificate of service and a statutory fine. The Court framed two issues: lawfulness and fairness of the dismissal, and entitlement to remedies. On substance, the Court found a valid reason under Section 43: the Claimant, who claimed field duties excused his absences, adduced no evidence and, by failing to document his absences, exposed himself to gross misconduct. On procedure, however, the Respondent made no effort to comply with the mandatory hearing requirements of Section 41, rendering the dismissal procedurally unfair. Relying on Donald Odeke v Fidelity Security Ltd, the Court reaffirmed that an unheard employee's termination is ipso facto unfair. On remedies, the Court awarded two months' salary in compensation (Kshs. 740,000) factoring in length of service and the Claimant's contribution, plus one month's salary in lieu of notice (Kshs. 370,000), totaling Kshs. 1,110,000 with interest. Reinstatement, punitive and aggravated damages were refused. Guided by Tribe Hotel Limited v Muoki, the Court declined to convert the Section 51(1) fine into an award, instead ordering a certificate of service. Costs were awarded to the Claimant. Judgment delivered on 24th July 2025 by Linndolo Ndolo J.

Key legal issues

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01

Whether there was a valid reason for dismissal

Holding

Yes - failure to document absences amounted to gross misconduct

Reasoning

The dismissal letter cited non-adherence to company policy on attendance, tardiness and absenteeism. The Claimant asserted he explained his absences as a field-based Strategic Lead but adduced no evidence of this. By failing to document his absences, he violated corporate protocols and exposed himself to gross misconduct, satisfying Section 43.

p. 4
02

Whether the dismissal was procedurally fair

Holding

No - the Respondent breached Section 41 of the Employment Act

Reasoning

Section 41 obliges an employer to explain reasons and hear representations before termination. The Respondent made no effort to comply with these mandatory requirements, so despite the valid reason, the summary dismissal was procedurally unfair.

p. 4

Legal principles established

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  • An employee facing disciplinary action must be given an adequate opportunity to respond to charges before action is taken; failure to hear the employee renders the termination unfair
  • The ELRC cannot convert the Section 51(1) fine into an award to the employee; the remedy is a certificate of service

Court orders

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  1. 1.Judgment entered in favour of the Claimant for 2 months' salary in compensation (Kshs. 740,000)
  2. 2.1 month's salary in lieu of notice (Kshs. 370,000)
  3. 3.Interest at court rates from the date of judgment until payment in full
  4. 4.Claimant entitled to a certificate of service
  5. 5.Costs of the case to the Claimant
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act

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, "Mburu v Tessera Limited (Cause E469 of 2023) [2025] KEELRC 2198 (KLR)", Case Analysis (2025). Statement of Claim dated 2nd June 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2198/eng@2025-07-24

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