Kichinda v Kenya Power & Lighting Co. Limited (Cause E046 of 2022) [2025] KEELRC 2314 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Substantive justification for summary dismissal
The dismissal lacked substantive justification because the audit and allegations were general and never particularised
The respondent accused the claimant of raising work orders to change postpaid meters to prepaid after irregular rebilling and of receiving Ksh 96,777 from private electricians. The court found no particulars of the meters, accounts, work orders or transaction dates were given, so the causal link was lost. General allegations without particulars fail the reasonable responses test and the burden under sections 43 and 45.
Objective assessment of the employer's genuine belief under section 43
The genuine belief must be grounded on reasonable, objectively verifiable grounds and interfaced with section 45(2)
The court held that the open-ended 'genuine belief' standard in section 43 must be tempered by an objective threshold of substantiality so employers cannot rely on bare allegations. If a belief was mistaken, the court must examine the substance of the reason to ensure dismissal rests on a valid and pressing reason judged on the facts.
Reinstatement as a remedy
Reinstatement was unavailable because the remedy had been overtaken by time under section 12(3) of the ELRC Act
Although the claimant filed suit within three years of dismissal, the elapsed period of almost five years by the time of judgment placed the claim outside the statutory window for reinstatement, so the primary remedy could not issue and compensation was granted instead.
Quantum of compensation and mitigation
Four months' gross salary compensation plus one month's notice pay awarded, taking into account 30 years of service and the duty to mitigate
The claimant served from 1990 to 2020 with a good record and had hoped to retire within 84 months, but her failure to mitigate (running a private business implicated in the dismissal) weighed against a higher award. Four months' salary of Ksh 157,136.78 (Ksh 628,547.12) plus one month's notice pay was deemed appropriate.
Legal principles established
#- The employer's genuine belief in the reason for termination must be based on reasonable grounds, and the sufficiency of the reason must be judged objectively by the court
- A threshold of substantiality must be applied to reasons for dismissal to protect the employee from a subjective application of section 43 of the Employment Act
- Where the employer fails to prove the reason for termination, the termination is deemed unfair
Court orders
#- 1.Declaration that employment was terminated unfairly
- 2.Compensation of Ksh 628,547.12 (four months' gross salary at Ksh 157,136.78 per month)
- 3.Notice pay of Ksh 157,136.78
- 4.Costs of the suit to the claimant
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the ELRC under the Employment and Labour Relations Court Act and Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kichinda v Kenya Power & Lighting Co. Limited (Cause E046 of 2022) [2025] KEELRC 2314 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2314/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.