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ELRCPartially AllowedStatement of Claim dated 6th June, 2023· [2025] KEELRC 2795 (KLR)

Ogwel v Tourism Regulatory Authority (Cause E467 of 2023) [2025] KEELRC 2795 (KLR)

Employment and Labour Relations Court
16 October 2025
5,444 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 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, formerly Chief Supply Chain Management Officer of the Tourism Regulatory Authority, was summarily dismissed on 13th October 2022 following an audit of the Authority's procurement for financial years 2019-2021. Three charges were levelled against him: irregular procurement of furniture and branded items from unregistered suppliers, falsification of the prequalified suppliers list (forgery of the Accounting Officer's signature), and mismanagement of the medical tender process. He sought 12 months' compensation, salary for 8 years to retirement, notice pay, leave, pension and benevolent fund remittances, or reinstatement. The court, C. N. Baari J, framed three issues: unfairness of termination, entitlement to remedies, and costs. Procedurally, the dismissal was found fair - the Claimant received a show cause letter, responded, attended a disciplinary hearing with representation and was informed of appeal rights. Substantively, however, his uncontroverted responses, the DCI's exoneration on falsification, and the failure to hold other adversely mentioned officers (Accounting Officer, Evaluation Committee) accountable meant the dismissal fell outside the band of reasonable responses. The dismissal was declared wrongful and unlawful. Compensation was capped at eight months' salary (Kshs.669,104) because the Claimant contributed to his dismissal through audit queries in his department, and three months' notice pay (Kshs.250,914) was awarded. Claims for pension and benevolent fund remittances failed for lack of jurisdiction and the nature of benevolent funds, and reinstatement was refused as it would unjustly enrich the Claimant. The Respondent bears costs with interest on the monetary awards from judgment until payment in full.

Key legal issues

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01

Procedural fairness of the dismissal

Holding

The dismissal was procedurally fair - show cause, response, disciplinary hearing with representation and appeal rights were all afforded.

Reasoning

The court applied Section 41 of the Employment Act and the Chitavi formulation. The Claimant received a show cause letter, responded, attended a disciplinary hearing with advice that he could bring a representative, and was informed of his right of appeal. The Respondent therefore ticked every procedural box.

p. 8
02

Substantive justification for the dismissal

Holding

The dismissal was substantively unjustified; the Claimant's uncontroverted responses and his exoneration by the DCI were ignored, and other officers were not held to account.

Reasoning

The Claimant's specific responses to each charge were not rebutted; the disciplinary committee minutes appeared to agree with his explanation on supplier registration; the DCI exonerated him on falsification; and other adversely mentioned officers (Accounting Officer, Evaluation Committee) were not queried. The decision to summarily dismiss was harsh and outside the band of reasonable responses.

p. 10
03

Compensation entitlement

Holding

Eight months' salary awarded as compensation, not the maximum twelve, because the Claimant contributed to his dismissal through audit queries in his department.

Reasoning

Relying on Section 49(4) of the Employment Act and Kenfreight v Nguti, the court exercised its discretion. Although the dismissal was too harsh, the Claimant manned the department in which the audit irregularities arose. Maximum compensation was not proved; eight months' salary was deemed sufficient.

p. 10
04

Jurisdiction over pension claims

Holding

The Court lacks jurisdiction over contributory pension matters, which fall within the Retirement Benefits Authority's remit.

Reasoning

Following the Supreme Court's decision in Albert Chaurembo Mumba, the court held that contributory pension disputes lie with the Retirement Benefits Authority, and the claim for remittance of pension funds therefore failed.

p. 11

Legal principles established

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  • A dismissal is procedurally fair where the employee is informed of charges, afforded a hearing with representation, and informed of the right of appeal.
  • Substantive justification requires the employer to prove valid and fair reasons genuinely believed at the time, on the Burchell test.
  • Where other officers adversely mentioned in an audit are not held to account, singling out one employee may render dismissal outside the band of reasonable responses.
  • A judge who awards the statutory maximum of 12 months' salary without justification exceeds their powers.

Court orders

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  1. 1.A declaration that the Claimant was wrongfully and unlawfully dismissed
  2. 2.An order for payment of 8 months' salary as compensation for the wrongful dismissal at Kshs.669,104/-
  3. 3.An order for payment of 3 months' salary in lieu of notice at Kshs.250,914/-
  4. 4.The Respondent shall bear the costs of the suit and interests on orders (b) and (c) above, from the date of this judgment until payment in full

Authorities

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Legislation

  • Employment ActSection 43(1 & 2), 44(4)(c), 45(2), 41, 49(3)(a) and (4)
  • Public Procurement and Asset Disposal Act
  • Public Procurement Regulationsregulation 145
  • Public Service Commission ActSection 65
  • Public Ethics Act
  • Public Finance Management Act
  • Constitution of KenyaArticle 27
  • Human Resource Policy and Procedure Manual (TRA)clause 11.5/1

Cases cited (20)

  • Kenya Airways Limited Vs Aviation & Allied workers Union Kenya & 3 others
    [2014] eKLR
  • Nelson Muturi vs Attorney General & another
    [2017] eKLR
  • Walter Ogal Anuro v Teachers Service Commission
    (2013) eKLR
  • Janet Nyandiko v Kenya Commercial Bank Limited
    [2017] eKLR
  • National Bank of Kenya v Anthony Njue John
    [2019] eKLR
  • Barmao v G4S Kenya Limited
    (Cause E184 of 2021) [2024] KEELRC 1141 (KLR)
  • Galgalo Jarso Jillo v Agricultural Finance Corporation
    (2021) eKLR
  • British Leyland UK Ltd v Swift
    (1981) I.R.L.R 91
  • Anthony Mkala Chitavi v Malindi Water & Sewerage Co. Ltd
    [2013] eKLR
  • Godfrey Meso Komba v Inter Beauty Products Ltd
    [2021] eKLR
  • Samson Tabu Ogwel v Tourism Regulatory Authority
    ELRC Judicial Review No. E032 of 2022
  • Silvester Malei Kyengo v Kenya Meat Commission
    (2019) eKLR
  • Charles Musungu Odana v Kenya Ports Authority
    [2019] eKLR
  • British American Tobacco (K) Ltd v Kenyan Union of Commercial Food and Allied Workers (Kucfaw)
    [2019] eKLR
  • Anthony Mulaki V Addax Kenya Limited
    Cause No. 822 of 2012
  • British Home Stores Ltd v Burchell
    (1980) LC.R. 303 E.A.T.
  • Benjamin Langwen v National Environment Management Authority
    (2016) eKLR
  • Kenfreight (E.A) Limited v Benson K. Nguti
    [2018) eKLR
  • Moi Teaching and Referral Hospital v James Kipkonga Kendagor
    [2019] eKLR
  • Albert Chaurembo Mumba & 7 Others vs Maurice M. Munyao & 148 Others
    [2016] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims under the Employment Act, 2007

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, "Ogwel v Tourism Regulatory Authority (Cause E467 of 2023) [2025] KEELRC 2795 (KLR)", Case Analysis (2025). Statement of Claim dated 6th June, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2795/eng@2025-10-16

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