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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 2546 (KLR)

Juma v Consolidated Bank of Kenya Limited (Cause E036 of 2025) [2025] KEELRC 2546 (KLR)

Employment and Labour Relations Court
25 September 2025
5,767 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~23 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled a bank unfairly fired its employee because it blocked his access to work records, and must let him keep his low-interest staff mortgage.

What this practically means

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Executive summary

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The claimant, employed by the respondent bank and last serving as business development officer, was terminated on 17 October 2024 for breaching the credit policy in respect of loan facilities to Jowak Agencies Limited, David Mureithi Kanyi and African Budget & Executive Homes Company Limited, allegedly exposing the bank to a loss of Ksh. 176,292,725. He claimed unfair termination, alleging he was denied access to his email and work records while suspended, and sought 12 months' compensation, 19 years' prospective earnings, pension and medical benefits, and restoration of his mortgage to the staff rate of 6%. The court framed two issues: whether termination was unfair and whether reliefs should issue. It found procedural unfairness under section 41 of the Employment Act because the suspended claimant was denied access to key records needed for his defence, applying Mutisya v Co-operative Society Limited. On substance, the court found no job description placed the site-visit duty on the claimant, disbursements were controlled by the credit department, and allegations that he single-handedly diverted funds lacked material evidence. The court noted other culpable employees received only warnings, undermining the disciplinary process. It held the termination substantively flawed and unfair contrary to sections 41 and 45. Compensation of six months' gross salary (Ksh. 865,620) was awarded. Claims for prospective earnings, pension and medical benefits for 19 years were refused on mitigation grounds. Following Atsiago, Kunga, Mulinge and Gisemba, the court held the staff mortgage was tied to the employment and ordered repayment at the 6% staff rate until fully repaid, with the respondent to tabulate and offset accordingly. The claimant was awarded costs.

Key legal issues

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01

Procedural fairness of termination

Holding

Termination was procedurally unfair under section 41 because the claimant was suspended, denied access to his email and work records, and yet required to respond to the show-cause and attend a disciplinary hearing

Reasoning

Suspension removed the claimant from the shop floor and blocked access to records needed to prepare representations. The court followed Mutisya v Co-operative Society Limited, holding that even in a sensitive financial institution, access to key records can be regulated but must be granted before a lawful disciplinary hearing. The lapse rendered the termination unfair.

p. 8
02

Substantive justification of termination

Holding

Termination was substantively flawed; allegations of fund diversion lacked material evidence and the claimant's role as a recommender, not approver, did not justify dismissal

Reasoning

The employer provided no job description showing the site visit duty fell on the claimant. Disbursements were managed by the credit department. Assertions of criminal diversion of funds were unsupported by the audit evidence, and the internal records attributed heavier responsibility to other employees who received only warnings or cautions, undermining the disciplinary process.

p. 10
03

Selective discipline

Holding

The fact that other employees with heavier liability received only warnings or cautions undermined the disciplinary process and was considered under section 45(5)

Reasoning

The audit records found the credit manager carried heavier responsibility yet recommended a warning letter. The court took this differential sanction into account when assessing the fairness of the claimant's dismissal and in determining the quantum of compensation.

p. 10
04

Mortgage at staff rate after termination

Holding

Following unfair termination, the claimant is entitled to continue repaying the mortgage at the concessional staff rate of 6% until fully paid

Reasoning

Relying on Atsiago v Barclays Bank, Kunga v Credit Bank and Mulinge v Cooperative Bank, the court held the mortgage was an employment benefit inextricably tied to the employment contract. Because the unfair termination deprived the claimant of the benefit, the preferential rate must be restored and the facility tabulated accordingly.

p. 11

Legal principles established

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  • An employee suspended from duty to facilitate investigations must be recalled and given access to key records before a disciplinary hearing, failing which termination under section 41 is unfair
  • Mortgage facilities granted by virtue of employment are inextricably tied to the employment contract and within the ELRC's jurisdiction; on unfair termination the employer's right to vary preferential interest rates is postponed

Court orders

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  1. 1.Declaration that employment was terminated unfairly
  2. 2.Compensation of Ksh. 865,620 (six months' gross salary)
  3. 3.Mortgage facility to be repaid at the staff rate of 6%, with the respondent to tabulate and allow offset at the staff rate until fully repaid
  4. 4.Claimant awarded costs
Jurisdiction invoked
Sections 12 of the Employment and Labour Relations Court Act, 2011 and 49 of 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, "Juma v Consolidated Bank of Kenya Limited (Cause E036 of 2025) [2025] KEELRC 2546 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2546/eng@2025-09-25

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