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ELRCDismissedMombasa CMELRC No. E363 of 2023 (appeal)· [2025] KEELRC 2568 (KLR)

Mwazighe v Petro Oil Kenya Limited (Appeal E051 of 2025) [2025] KEELRC 2568 (KLR)

Employment and Labour Relations Court
25 September 2025
MMM. Mbarũ
1,163 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court upheld a pump attendant's summary dismissal for breaching cash-handling rules, confirming employees are personally responsible even when a supervisor shares blame.

What this practically means

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Executive summary

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This first appeal challenged the judgment of the learned magistrate in Mombasa CMELRC No. E363 of 2023 dismissing a claim of unfair termination. The appellant, employed from 2010/2011 as a pump attendant, was summarily dismissed in April 2023 after a cash loss of Ksh. 12,395 at the station. She claimed she handed the money to her supervisor, Sila Kogo, per procedure, and that an internal investigation by the station manager attributed responsibility to both of them, yet only she was dismissed. She sought notice pay, accrued leave, 12 months' compensation, service pay, April 2023 pay, a certificate of service and costs. The respondent maintained the appellant breached the cash handling policy, was issued a notice to show cause, and was accorded a disciplinary hearing. The court, as a first appeal, reassessed the record and held that dismissal for failure to follow workplace procedures is permitted under Section 12 of the Employment Act, applying Kenya Airways PLC v Alex Wainaina Mbugua. It rejected the argument that shared culpability with the supervisor invalidated the dismissal, holding responsibility is personal. Notice pay and compensation were held unavailable for justified summary dismissal; accrued leave was correctly dealt with under Section 28(4); service pay was not due given statutory deductions; and the certificate of service direction was upheld. The appeal was dismissed with costs to the respondent.

Key legal issues

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01

Fairness of summary dismissal for breach of cash handling procedures

Holding

Dismissal was justified; due process including notice to show cause and disciplinary hearing was followed

Reasoning

The court found the notice to show cause was issued outlining the reasons, the appellant failed to satisfactorily respond, and a disciplinary hearing preceded termination. Section 12 of the Employment Act permits summary dismissal for failure to follow workplace procedures, and the magistrate's finding was correct.

p. 3
02

Individual vs shared responsibility for the cash loss

Holding

The appellant was personally accountable despite the supervisor's involvement

Reasoning

The court held that workplace policy binds each individual employee and responsibility is personal. The appellant failed to give a satisfactory explanation of her conduct, and the internal investigation attributing shared responsibility did not render the dismissal unfair.

p. 3
03

Remedies following justified summary dismissal

Holding

Notice pay and compensation unavailable; accrued leave addressed under Section 28(4); service pay not due; certificate of service directed

Reasoning

The court affirmed the magistrate's treatment of each head of claim: leave handled under Section 28(4) of the Employment Act, service pay barred by statutory deductions, and wages for April 2023 evidenced. The trial court's direction to issue a certificate of service was upheld.

p. 3

Legal principles established

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  • An employer may summarily dismiss an employee who fails to follow workplace policies and procedures after notice to address the issue
  • Responsibility for compliance with workplace policy is personal to the employee; an employee cannot excuse breach by pointing to a colleague not being punished

Court orders

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  1. 1.The appeal is dismissed
  2. 2.The judgment in Mombasa CMELRC No. 363 of 2023 is upheld as proper and sound
  3. 3.Costs to the respondent

Authorities

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Legislation

  • Employment ActSection 12
  • Employment ActSection 28(4)

Cases cited (5)

  • Walter Ogal Anuro v Teachers Service Commission
    [2013] eKLR
  • Naima Khamis v Oxford University Press
    [2017] eKLR
  • Anthony Mkala Chitavi v Malindi Water & Sewerage Company Ltd
    [2013] eKLR
  • Kenya Airways PLC v Alex Wainaina Mbugua
    [2018] KECA 739 (KLR)
  • Awimbo v Kenya Hospital Association t/a The Nairobi Hospital
    (Cause E395 of 2020) [2025] KEELRC
On appeal from
Magistrates' Court (ELRC), Mombasa
CMELRC No. E363 of 2023
Jurisdiction invoked
First appeal from the magistrate's court (ELRC)

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, "Mwazighe v Petro Oil Kenya Limited (Appeal E051 of 2025) [2025] KEELRC 2568 (KLR)", Case Analysis (2025). Mombasa CMELRC No. E363 of 2023 (appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2568/eng@2025-09-25

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