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ELRCDismissedMemorandum of Claim dated 9th September 2019 (Employment and Labour Relations Court)· [2025] KEELRC 2762 (KLR)

Agingu v Advtech Kenya Limited t/a Crawford International School & another (Cause 604 of 2019) [2025] KEELRC 2762 (KLR)

Employment and Labour Relations Court
9 October 2025
3,044 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled a teacher's dismissal was fair because she hid her previous sacking and inflated her salary during recruitment.

What this practically means

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Executive summary

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The Claimant, a teacher, sued the 1st Respondent (her employer) and the 2nd Respondent (the recruitment agency) for wrongful dismissal and defamation. She was employed on 1st September 2018 following a recruitment process in which she indicated she was then working at Premier School as Director of Student Advancement at a salary of Kshs. 365,000. Following student complaints of bullying and harassment, a show cause letter issued on 4th October 2018. At the disciplinary hearing on 18th October 2018, new evidence emerged that she had actually been terminated from Oshwal Academy and had understated/misrepresented her employment history and salary (actual salary Kshs. 180,000). The hearing was adjourned to 26th October 2018, after which she was summarily dismissed for deliberate dishonesty during recruitment. The court framed two issues: whether the termination was lawful and fair, and whether the remedies sought were available. Applying Section 43 of the Employment Act and the twin test of valid reason and procedural fairness, the court found the non-disclosure and misrepresentation were a 'deal-breaker' amounting to obtaining employment by deceit, and that the disciplinary process accorded her adequate opportunity to respond, including an adjournment to address the new evidence. The dismissal was held substantively and procedurally fair. The defamation claim failed because particulars of the statements complained of were not clearly pleaded, per John Ward v Standard Limited. The entire claim was dismissed with costs to the Respondents. Delivered virtually at Nairobi on 9th October 2025 by Linnet Ndolo, Judge.

Key legal issues

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01

Validity of the reason for termination

Holding

The Claimant's non-disclosure of her termination from Oshwal Academy and misrepresentation of her salary were a 'deal-breaker' constituting valid reason under Section 43 of the Employment Act

Reasoning

The court found the Claimant concealed her dismissal from Oshwal Academy and inflated her salary from Kshs. 180,000 to Kshs. 365,000. Relying on Sambu v National Oil Corporation and McKinley v B.C. Tel, it held that dishonesty which undermines the trust inherent in the employment relationship justifies dismissal. The employer therefore had a reason a reasonable employer would act upon.

p. 7
02

Procedural fairness of the disciplinary process

Holding

The process was procedurally fair: show cause notice was issued, new evidence was disclosed and the hearing adjourned to allow a response

Reasoning

Although the charges ultimately relied upon (dishonesty in recruitment) differed from the initial students' complaints, the court found the new evidence was not remote to the initial allegations. The Claimant was given a show cause notice, informed of the new evidence at the first hearing, and granted an adjournment to 26th October 2018 to respond, satisfying due process.

p. 7
03

Defamation claim

Holding

The defamation claim failed for lack of clear particulars of the statements complained of

Reasoning

Following John Ward v Standard Limited, the court held that a defamation claim must plead clear particulars of the actual statements. The Claimant did not meet this standard, so the claims against both Respondents were disallowed.

p. 8

Legal principles established

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  • Termination of employment requires both a valid reason and procedural fairness
  • Non-disclosure and misrepresentation of material facts in recruitment can constitute a valid reason for summary dismissal

Court orders

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  1. 1.The Claimant's entire claim is dismissed with costs to the Respondents
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (claim for wrongful dismissal and defamation)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Agingu v Advtech Kenya Limited t/a Crawford International School & another (Cause 604 of 2019) [2025] KEELRC 2762 (KLR)", Case Analysis (2025). Memorandum of Claim dated 9th September 2019 (Employment and Labour Relations Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2762/eng@2025-10-09

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