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ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 2515 (KLR)

Richard v Haggai Mulitcargo Handling Services Limited (Employment and Labour Relations Cause 115 of 2018) [2025] KEELRC 2515 (KLR)

Employment and Labour Relations Court
24 September 2025
HWHellen Wasilwa
1,217 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Claimant, employed by the Respondent as an electrical technician-machine maintenance officer, sued by Memorandum of Claim dated 10th January 2018 seeking declarations that his dismissal was unlawful and unfair, payment of terminal dues and benefits, interest and costs. He averred that on the day in November 2015 a friend accompanied by a police officer came to claim a balance of a Kshs 3,000 debt; the Respondent permitted him to settle the matter at Ruaraka Police Station, but on his return at 3.45 pm he was told verbally to go home and never return, with no notice, reasons or hearing. He relied on sections 35, 41, 44 and 45 of the Employment Act and on Kenya Revenue Authority v Reuwel Waithaka Gitahi and Kenfreight (EA) Limited v Benson K. Nguti, submitting that the Respondent bore the burden of justifying valid grounds and fair procedure under section 47(5). The Respondent never entered appearance despite service, and the Claimant's evidence and claim stood uncontroverted. The court found the evidence of termination clear, with no indication of any opportunity to be heard, and awarded one month's salary in lieu of notice (Kshs 17,000/-), six months' salary for wrongful termination (Kshs 102,000/-), untaken leave from 2015 (Kshs 17,000/-) and severance pay for three years (Kshs 25,500/-), totalling Kshs 161,500/- less statutory deductions, plus costs and interest at court rates from the date of judgment. Judgment was delivered virtually at Nairobi on 24th September 2025 by Hellen Wasilwa, Judge.

Key legal issues

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01

Whether the termination was substantively and procedurally unfair

Holding

The termination was unfair: the Respondent did not appear, offered no justification, and there was no indication the Claimant was heard or given notice before dismissal.

Reasoning

The Claimant testified he was dismissed verbally after returning from resolving a personal debt matter, without notice, reasons or a disciplinary hearing. The Respondent was served but never entered appearance or filed a response, leaving the claim uncontroverted. Under sections 41, 44 and 45 of the Employment Act, the employer must justify both the reason for dismissal and procedural fairness; failure to do so renders termination unfair, entitling the Claimant to notice pay and compensatory damages.

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02

Burden of proof in unfair termination claims

Holding

The employee bears the initial burden of proving unfair termination, after which the employer must justify the validity and procedural fairness of the termination.

Reasoning

Relying on section 47(5) of the Employment Act and the Court of Appeal decision in Kenya Revenue Authority v Reuwel Waithaka Gitahi, the Claimant submitted that once the employee establishes the facts of termination, the employer must prove valid grounds and fair procedure. The Respondent's non-appearance meant it discharged no such burden, so the unchallenged evidence of the Claimant carried the day.

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Legal principles established

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  • Where an employer fails to enter appearance or file a response and the employee's evidence of termination without notice or hearing stands uncontroverted, the termination is substantively and procedurally unfair.

Court orders

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  1. 1.1 month salary in lieu of notice of Kshs 17,000/-
  2. 2.6 months' salary for wrongful termination of Kshs 102,000/- (17 x 6)
  3. 3.Untaken leave from 2015 of Kshs 17,000/-
  4. 4.Severance pay for 3 years computed as 1/2 x 17,000 x 3 = Kshs 25,500/-
  5. 5.Total award of Kshs 161,500/- less statutory deductions
  6. 6.Respondent to pay costs of the suit plus interest at court rates with effect from the date of the judgment
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (unfair termination claim 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, "Richard v Haggai Mulitcargo Handling Services Limited (Employment and Labour Relations Cause 115 of 2018) [2025] KEELRC 2515 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2515/eng@2025-09-24

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