Elijah v Kenya Airways Plc (Cause 151 of 2019) [2025] KEELRC 2347 (KLR)
The bottom line
#Kenya's Employment Court upheld Kenya Airways' summary dismissal of an employee over unauthorised forex dealings, awarding only unpaid leave of Kshs. 246,400.
What this practically means
#Executive summary
#Key legal issues
#Whether the summary dismissal was substantively fair (valid and fair reasons)
Yes. The court found valid grounds: the claimant initiated unauthorised forex transactions outside his job description and there were reasonable grounds to suspect fraud, justifying summary dismissal under section 44(4).
The court noted the claimant's job description did not include forex transactions and he produced no contrary document. Evidence showed he offered ZAR 11 million for sale to Dubai Bank and was active in the transactions. The reasonableness test from British Leyland v Swift was applied, and the employer only needed genuine belief on reasonable grounds. The court upheld the reasons for termination as lawful.
Whether the procedure followed was fair under section 41
Yes. The claimant was issued a show cause letter, responded, was invited to a panel hearing with the right to be accompanied, and squandered the internal mechanisms by refusing to attend; the excuse of short notice was unjustified.
The court applied Postal Corporation v Tanui and Chitavi on the section 41 elements, and Wilson Mutabari Mworia on the sufficiency of the show cause charges. The claimant did not explain how the long weekend impeded contacting fellow employees, and an employer is entitled to proceed where an employee declines to attend a properly convened hearing.
Entitlement to reliefs
Only untaken leave was awarded; salary for May beyond worked days, notice pay and gratuity were refused.
The claimant confirmed receipt of the dismissal letter on 3rd May and payment for the 3 days worked. Notice pay was inapplicable to summary dismissal. Gratuity was discretionary and unproven. On leave, the respondent did not produce employment records to counter the claim, so Kshs. 246,400 was awarded as sought.
Legal principles established
#- To pass the fairness test, a termination must satisfy both substantive fairness (valid and fair reasons) and procedural fairness under section 41 of the Employment Act.
- An employer may dismiss an employee under section 44(4) where there are reasonable and sufficient grounds to suspect the employee committed a criminal offence against the employer's detriment.
- Fair hearing is deemed granted where a party is given an opportunity to present their own case; short notice must be shown to have actually impeded preparation.
Court orders
#- 1.Payment of untaken leave in lieu of Kshs. 246,400 with interest at the court rate from the date of filing the suit
- 2.The claimant is granted ½ costs in the claim
- 3.A stay of 30 days is granted
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 41, 43, 44 and 45)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elijah v Kenya Airways Plc (Cause 151 of 2019) [2025] KEELRC 2347 (KLR)", Case Analysis (2025). Employment and Labour Relations Cause (memorandum of claim dated 7th March 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2347/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.