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ELRCDismissedMemorandum of Appeal dated 16th January, 2024 (number not stated in judgment)

Nyangechi v Urgent Cargo Logistics Limited (Employment and Labour Relations Appeal E011 of 2024) [2025] KEELRC 3744 (KLR)

Employment and Labour Relations Court of Kenya
19 December 2025
3,923 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that a driver's dismissal after a self-involving accident was fair, because the employer followed proper disciplinary procedure.

What this practically means

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Executive summary

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The Employment and Labour Relations Court at Nairobi, Appeals Division (Abuodha Nelson Jorum, Presiding Judge-Appeals Division), dismissed an appeal against a magistrates' court judgment of 18th December 2023 (written judgment 7th May 2024) by Hon. Paul K. Rotich, which had dismissed the Appellant's claim for unfair termination. The Appellant, a driver employed from March 2017 to December 2021, was summarily dismissed following a self-involving road accident on 19th November 2021 on KAPA Mombasa Road and an admission that he had used a reserve road without permission and lied to management that the road was blocked by police. The court condensed the appeal into two issues. On the first, it held the trial court did not err: the police abstract describing the accident as self-involving was the reliable document regardless of pending investigations, the employer had reasonable grounds to terminate under sections 43 and 45 of the Employment Act, and the standard of proof was the balance of probabilities, with courts not entitled to substitute their view of reasonableness for the employer's. Procedural fairness under section 41 was satisfied: show cause letter and response, disciplinary hearing invitation, minutes, right to accompaniment and appeal, none exercised. Claims of a discrepancy between the oral and written judgments and failure to consider evidence also failed. On terminal dues, salary, leave pay, overtime, public holidays and service pay claims all failed, service pay being excluded by NSSF membership under section 35(6). The appeal was dismissed with costs to the Respondent on 19th December 2025.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the trial court erred by finding that the Appellant was lawfully and procedurally terminated
  2. 2.Whether the trial court erred by not awarding the Appellant his terminal dues and reliefs sought

Key legal issues

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01

Whether the Appellant was lawfully and procedurally terminated

Holding

Yes. The police abstract showing a self-involving accident was the reliable document; the Appellant lied to management that the road was blocked by police; and the disciplinary process (show cause, response, hearing notice, hearing, right to accompaniment, appeal right) satisfied sections 43, 45 and 41 of the Employment Act.

Reasoning

The court applied section 43's burden on the employer and section 47(5)'s allocation of the evidential burden, finding the Appellant failed to show unfair termination on a balance of probabilities. Relying on KRA v Reuwel Waithaka Gitahi, the court held the employer need not prove guilt beyond reasonable doubt. Section 41 compliance was demonstrated: show cause letter, response, disciplinary hearing invitation dated 10th December 2021 for 14th December 2021, minutes, right to be accompanied, and an appeal right in the dismissal letter, none of which was exercised.

p. 8
02

Whether the discrepancy between the oral judgment of 18th December 2023 and the written judgment of 7th May 2024 vitiated the judgment

Holding

No. The ground fails; delay alone does not invalidate a judgment absent demonstrated prejudice or miscarriage of justice, and the trial court considered all evidence and submissions.

Reasoning

The court endorsed the Respondent's position that oral judgments may differ in form from written ones without the written version being flawed, and that a five-month delay is unfortunate but insufficient absent demonstrated prejudice. The court also held the trial court engaged with the substance of the dispute, so absence of express citation to each submission does not amount to non-consideration.

p. 8
03

Whether the Appellant was entitled to terminal dues and reliefs

Holding

Partly. Having been fairly terminated, the Appellant was not entitled to compensation or notice pay; claims for salary arrears, leave pay, overtime, public holidays and service pay all failed, though terminal dues generally remain payable regardless of the fairness of termination.

Reasoning

The court reiterated that terminal dues are payable regardless of whether termination is fair or unfair, but on the evidence each claimed item failed: payslips covered the salary claim, leave approvals rebutted the leave claim, overtime and public holiday claims were not precisely pleaded, and NSSF membership excluded service pay under section 35(6). The court directed the Appellant to collect his certificate of service.

p. 8

Legal principles established

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  • The duty of the first appellate court is to re-evaluate the evidence on both law and fact and come to its own findings while making due allowance for not having seen or heard the witnesses
  • The standard of proof in employment termination disputes is a balance of probabilities, not beyond reasonable doubt; the employer need only prove reasons it genuinely believed to exist, and courts should not substitute their own view of reasonableness for that of the employer
  • Section 41 of the Employment Act is couched in mandatory terms and failure to follow it renders the outcome unfair

Court orders

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  1. 1.The Appeal is dismissed with costs to the Respondent
  2. 2.It is so ordered

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

On appeal from
Magistrates' Court (Employment and Labour Relations)
not stated in judgment
Jurisdiction invoked
First appellate jurisdiction over the subordinate court's judgment in an employment claim (ELRC Appeals Division); memorandum of appeal dated 16th January, 2024

Relief refused

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Setting aside the judgment dated 18th December 2023 and allowing the statement of claim dated 3rd August 2022

The court found the termination substantively and procedurally fair and the appeal devoid of merit

p. 8

Claim for salary for November and December 2021

Payslips evidencing payment of the same were on record

p. 8

Claim for leave pay

Respondent, as custodian of employment records under section 74 of the Employment Act, produced leave approvals and the Appellant failed to plead with precision that he never went on leave

p. 8

Claims for overtime and public holidays

The claims were not precisely pleaded

p. 8

Claim for service pay

The Appellant was a member of NSSF, which falls under the exceptions in section 35(6) of the Employment Act

p. 8

Costs

Appeal dismissed with costs to the Respondent

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the upshot the Appeal is devoid of merit and is hereby dismissed with costs to the Respondent.
p. 8Final orders - dismissal of appeal
It is so ordered.
p. 8Final orders - closing
This court therefore agrees with the trial court that the Appellant's termination was lawful substantively and procedurally and this ground of appeal fails.
p. 8Lawful and procedurally fair termination
the Police Abstract was the reliable document in this case which clearly stated that the accident was self- involving. It did not matter that there were pending investigations.
p. 6Evidential weight of police abstract
The standard of proof is on a balance of probability, not beyond reasonable doubt, and all the employer is required to prove are the reasons that it "genuinely believed to exist," causing it to terminate the employee's services
p. 7Standard of proof in termination
once the Court is persuaded that there existed reasonable grounds upon which a reasonable employer would consider termination of service as commensurate to the infraction perpetrated by the employee, judges as humans presiding over the matter must not substitute their own view or feeling of what is reasonable with that of an employer unless unavoidable in the circumstances.
p. 7Court not to substitute employer's view of reasonableness
Section 41 of the Employment Act is couched in mandatory terms. Where an employer fails to follow these mandatory provisions, whatever outcome of the process is bound to be unfair
p. 7Mandatory nature of section 41 procedure
there are terminal dues payable to an employee regardless of a fair or unfair termination.
p. 8Terminal dues irrespective of fairness of termination

Issues in the judgment

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minor

Judgment states the show cause letter was dated 24th November, 2021 but the Respondent's submissions state it was dated 23rd November, 2021

minor

Judgment records the show cause letter and response dates inconsistently within its own narration

minor

The court states it is 'not convinced that the Appellant illustrated unfair termination occurred before the Respondent could be called upon to justify the grounds of absenteeism' although the termination was for reckless driving, not absenteeism

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, "Nyangechi v Urgent Cargo Logistics Limited (Employment and Labour Relations Appeal E011 of 2024) [2025] KEELRC 3744 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 16th January, 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3744/eng@2025-12-19

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