Nzambu v Teachers Service Commission (Employment and Labour Relations Cause 520 of 2019) [2025] KEELRC 2408 (KLR)
The bottom line
#Kenya's Employment Court upheld a teacher's dismissal, ruling the Teachers Service Commission followed fair procedure and had valid, proven reasons for terminating her.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the termination under section 41 of the Employment Act
The termination was procedurally fair; the show cause letter, interdiction letter, responses and disciplinary hearing minutes satisfied the notification, hearing and consideration elements
The court traced the disciplinary process: show cause letter dated 24 July 2018 with detailed accusations, disciplinary hearing (deferred to 4 September 2018), interdiction letter dated 8 October 2018, invitation to hearing of 21 February 2019, and termination letter of 21 March 2019. The court found the minutes of the 21 February 2019 hearing disclosed no basis for concluding the Claimant was denied an adequate opportunity to defend herself, and the expert witness's documents were tendered without opposition.
Substantive justification for the termination under sections 43 and 45 of the Employment Act
The Respondent had a valid and fair reason to dismiss: the Claimant's written admissions, the unchallenged evidence of payroll system manipulation, and her use of the KCB loan for personal purposes instead of settling the Co-operative Bank loan
The Claimant admitted in writing that she applied for a KCB loan which went to her personal account and was used to clear her sick father's bill rather than the Co-operative Bank loan, apologising and seeking pardon. Coupled with unchallenged evidence that the payroll system was manipulated to create pay-slip ability, the court inferred the KCB loan was deliberately not used to settle the Co-operative Bank loan, establishing gross misconduct justifying dismissal.
Entitlement to reliefs
None of the reliefs were granted because both procedural and substantive fairness were established
Since the court found the dismissal procedurally and substantively fair, the declaration of breach of labour rights and natural justice, reinstatement, constitutional compensation, and general damages could not issue. The claim was dismissed in its entirety with costs.
Legal principles established
#- For a termination to pass the fairness test, it must be shown that there was not only substantive justification for the termination but also procedural fairness
- In disputes over termination or summary dismissal, the burden is on the employer to prove procedural fairness, and the process includes three key elements whose absence of any one makes the termination unfair
- An employee's voluntary written admission of the accusations against them, tendered without evidence of involuntariness, may constitute an explicit admission supporting substantive justification for dismissal
Court orders
#- 1.Dismissal of the Claimant's claim with costs to the Respondent
- Jurisdiction invoked
- Employment and labour relations jurisdiction (claim for unfair and unlawful termination of employment; reliefs founded on breach of labour rights and natural justice)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nzambu v Teachers Service Commission (Employment and Labour Relations Cause 520 of 2019) [2025] KEELRC 2408 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2408/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.