Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No 130 of 2019· [2025] KEELRC 2538 (KLR)

Imbayi v Tangaza University College (Cause 130 of 2019) [2025] KEELRC 2538 (KLR)

Employment and Labour Relations Court
25 September 2025
LNLINNET NDOLO
1,780 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court ruled that dismissing an employee for alleged insults without giving them a hearing was unfair, awarding over Kshs. 2.2 million.

What this practically means

#

Executive summary

#
The Claimant, employed by the Respondent from 2006 and serving as Assistant Director for Technical Affairs in the Institute of Social Communication, was rendered redundant following structural changes. He was offered a new contract on less favourable terms and sought to negotiate. Following meetings with the Deputy Vice-Chancellor, Father Caramazza, during which he allegedly called the officer a 'dictator' and a 'racist', the Respondent by letter dated 14th June 2018 withdrew the proposed new contract on grounds of gross misconduct and informed him his last working day would be 30th June 2018. The Claimant sued for wrongful and unfair termination, seeking notice pay, severance pay, 12 months' compensation, leave pay, damages for unfair labour practices, loss of earnings to retirement and a certificate of service. The Respondent maintained that it neither dismissed nor renewed the contract, which expired on 30th June 2018 with terminal dues paid. The court framed two issues: wrongful dismissal and remedies. Applying section 41 of the Employment Act, the court held that the Claimant was given no opportunity to respond to the allegations, which were therefore unproved, rendering the termination substantively and procedurally unfair. The court awarded 12 months' salary in compensation, one month's notice pay and 21 days' leave pay, totalling Kshs. 2,220,167, subject to statutory deductions and interest from the date of judgment. Severance pay, unfair labour practices and loss-of-earnings claims failed for want of evidence, and the certificate of service claim was moot. The Claimant received the costs of the case.

Key legal issues

#
01

Whether the dismissal was wrongful and unfair

Holding

The termination was substantively and procedurally unfair because the Claimant was not heard on the allegations of gross misconduct, which were consequently not proved

Reasoning

The letter of 14th June 2018 cited the Claimant for gross misconduct for allegedly calling the DVC a 'dictator' and a 'racist'. Section 41 of the Employment Act requires an employer, before terminating on grounds of misconduct, to explain the reasons to the employee and to hear and consider any representations. The Claimant was given no such opportunity. Following the authorities cited, the allegations were unproved and the termination was unfair both substantively and procedurally.

p. 4
02

Whether the Claimant was entitled to the remedies sought

Holding

Compensation of 12 months' salary, one month's notice pay and 21 days' leave pay awarded; severance, unfair labour practices and loss-of-earnings claims disallowed for lack of evidence

Reasoning

In awarding 12 months' compensation the court considered the Claimant's long service, non-contribution to the termination, failure to address his grievance over downgraded terms, denial of a hearing and his testimony that he had not secured alternative employment. Leave pay succeeded as the Respondent produced no leave records. Severance, unfair labour practices and loss of earnings failed for want of evidence, and the certificate of service claim was moot.

p. 4

Legal principles established

#
  • An employer must afford an employee an opportunity to respond to allegations of gross misconduct before terminating employment, per section 41 of the Employment Act
  • Even where gross misconduct warrants summary dismissal, procedural fairness requires that the employee be heard in defence save in exceptional circumstances demonstrated by the employer

Court orders

#
  1. 1.12 months' salary in compensation of Kshs. 1,944,672
  2. 2.1 month's salary in lieu of notice of Kshs. 162,056
  3. 3.Leave pay for 21 days of Kshs. 113,439
  4. 4.Total award of Kshs. 2,220,167 subject to statutory deductions and attracting interest at court rates from the date of judgment until payment in full
  5. 5.The Claimant to have the costs of the case

Authorities

#

Legislation

  • Employment ActSection 41
  • Employment ActSection 45(2)

Cases cited (2)

  • Cooperative Bank of Kenya Limited v Yator
    [2021] KECA 95 [KLR]
  • Duncan Mbathi Mulevi v Wanandege Cooperative Savings & Credit Society Limited
    [2018] KEELRC 281 [KLR]
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (not expressly stated in the judgment excerpt)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Imbayi v Tangaza University College (Cause 130 of 2019) [2025] KEELRC 2538 (KLR)", Case Analysis (2025). Cause No 130 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2538/eng@2025-09-25

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