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ELRCPartially AllowedNot stated in the judgment as provided

Transport Workers Union v Greenline Company Limited (Cause E447 of 2023) [2025] KEELRC 3761 (KLR)

Employment and Labour Relations Court
15 December 2025
2,202 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled Greenline unfairly sacked a bus driver, awarding him over Kshs. 251,000 because the company couldn't prove a valid reason or fair procedure.

What this practically means

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Executive summary

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The Claimant, a trade union, sued on behalf of its member, Joseph Muthama Kalandi, a bus driver allegedly employed by the Respondent from July 2011 until 7th September 2022, when he was instructed to take his bus to the yard for a body replacement and was never reassigned. The union claimed notice pay, October 2022 salary, accrued leave, severance pay for alleged redundancy, underpayment against statutory minimum wages, and a certificate of service. The Respondent denied ever employing the grievant, contending that the NTSA badges and manifest pointed to other entities (Greenline Safaris; Kipkorir in the NSSF statement) and that the conciliator exceeded his mandate. The court found the employment relationship proved on a balance of probability, noting the Respondent never pleaded that the badges and manifest were fake. It further held that under section 45(2) of the Employment Act the Respondent failed to prove a valid reason and fair procedure, rendering the termination unfair and unlawful; the facts supported constructive dismissal, not redundancy, so severance pay was refused. The court awarded one month's notice (Kshs. 34,302.75), October 2022 salary (Kshs. 34,302.75), leave for 2019-2022 (Kshs. 66,011.75), and underpayment for May-October 2022 (Kshs. 116,688.90), totalling Kshs. 251,306.32, subject to statutory deductions, plus a certificate of service, costs and interest at court rates from filing. Judgment dated 15th December 2025, Nairobi; Onesmus Makau, Judge.

Questions the Court framed

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

  1. 1.Whether the grievant was employed by the Respondent as alleged
  2. 2.Whether the employment was unfairly terminated by the Respondent
  3. 3.Whether the Claimant is entitled to the reliefs sought

Key legal issues

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01

Whether an employment relationship existed between the grievant and the Respondent

Holding

Yes - the grievant was employed by the Respondent as a Bus driver, proved on a balance of probability

Reasoning

The Claimant produced NTSA Badges and a manifest indicating the grievant as driver for the Respondent. The Respondent's witness claimed the badges could be made anywhere but admitted the defence never pleaded they were fake. On a balance of probability, the documents proved the employment relationship despite discrepancies in the NSSF statement and manifest naming other entities.

p. 3
02

Whether the employment was unfairly terminated

Holding

Yes - the termination was unfair and unlawful because the Respondent failed to discharge the statutory burden under section 45(2) of the Employment Act

Reasoning

Section 45(2) requires the employer to prove both a valid and fair reason and a fair procedure. The Respondent merely denied the employment relationship and produced no evidence to rebut the grievant's evidence that he was asked to take the bus to the yard and was never recalled. Following George Musamali v G4S, the court held both valid reason and fair procedure were not proved.

p. 4
03

Whether the termination was by way of redundancy justifying severance pay

Holding

No - the facts disclosed constructive dismissal, not redundancy, so the severance claim failed

Reasoning

The pleadings and evidence showed the grievant was instructed to take the bus to the yard and thereafter never assigned duties, which supports constructive dismissal rather than a declared redundancy under section 40 of the Employment Act. Severance pay was therefore unavailable.

p. 4
04

Assessment of terminal dues including notice, October 2022 salary, leave and underpayment

Holding

Notice, unpaid October 2022 salary and underpayment assessed on the statutory minimum wage for a Heavy Commercial Vehicle driver (Kshs. 34,302.75 plus 15% house allowance); leave awarded only for 2019 to 2022

Reasoning

Section 35(1)(c) entitled the grievant to one month's notice. Underpayment ran only from May 2022 when the General Wage Order took effect, computed at Kshs. 39,448.15 gross minus Kshs. 20,000 paid. Leave was computed partly on Kshs. 20,000 (2019-2021, no minimum wage evidence) and partly on Kshs. 34,302.75 (2022).

p. 5
05

Entitlement to a Certificate of Service

Holding

Granted under section 51 of the Employment Act as the grievant served over four consecutive weeks

Reasoning

Section 51 of the Employment Act obliges an employer to issue a certificate of service to an employee who has served for over four consecutive weeks. The grievant served from 2011 to 2022 and was therefore entitled to the certificate.

p. 5

Legal principles established

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  • In civil suits, the standard of proof is on a balance of probability, not beyond reasonable doubt
  • Under section 45(2) of the Employment Act, a termination is unfair if the employer fails to prove a valid reason and a fair procedure; the burden of proof rests on the employer
  • Where an employer does not plead that documents are fake, allegations impugning the authenticity of those documents carry little weight

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent
  2. 2.One month's salary in lieu of notice of Kshs. 34,302.75 awarded
  3. 3.Unpaid salary for October 2022 of Kshs. 34,302.75 awarded
  4. 4.Leave of Kshs. 66,011.75 awarded
  5. 5.Salary underpayment of Kshs. 116,688.90 awarded
  6. 6.Total award of Kshs. 251,306.32 subject to statutory deductions
  7. 7.Respondent ordered to issue a Certificate of Service to the grievant
  8. 8.Claimant awarded costs plus interest at court rate from the date of filing the suit

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (Employment Act; Labour Relations Act framework), the suit following a failed conciliation before the Cabinet Secretary for Labour's conciliator

Relief refused

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Severance pay for 10 years worked at 15 days per year (Kshs. 247,717.90)

The court found the pleadings and evidence supported constructive dismissal rather than redundancy, so severance pay under section 40 of the Employment Act was not available

p. 4

Leave for the full 10 years claimed (210 days, Kshs. 346,804.50)

The claim was found exaggerated and lacking material particulars; leave awarded only for 2019 to 2022

p. 5

Underpayment claim for the period up to 2021

No evidence adduced to prove minimum basic salary before 2021; the applicable Wage Order took effect on 1st May 2022

p. 5

Costs

The Claimant is awarded costs plus interest at court rate from the date of filing the suit.

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.

Consequently I enter judgment for the Claimant as against the Respondent as follows:
p. 5Disposition - judgment entered for the Claimant
The Claimant is awarded costs plus interest at court rate from the date of filing the suit.
p. 5Costs and interest
I take note that the standard of proof in civil suit, is on a balance of probability and not beyond reasonable doubt.
p. 3Standard of proof in civil claims
Having found that the Respondent did not discharge the burden of proof of valid reason for the termination and fair procedure, I hold that the Claimant has proved unfair and unlawful termination of the grievants employment by the Respondent on 1st September 2022.
p. 4Unfair termination and employer's burden of proof
Consequently I find and hold that the Claimant has not proved a case of redundancy and therefore the claim for severance pay fails.
p. 4Rejection of redundancy/severance claim

Issues in the judgment

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minor

Internal inconsistency in the date of termination: the court finds termination on 1st September 2022 while the claimant's narrative states the grievant worked until 7th September 2022

minor

Typographical errors in dates: 'On 24th November 20232' appears to be a garbled year, and the reliefs claim 2100 leave days while the analysis refers to 210 days

minor

Arithmetic inconsistency in the total: the individual awards (34,302.75 + 34,302.75 + 66,011.75 + 116,688.90) total Kshs. 251,306.15, but the judgment states Kshs. 251,306.32; also leave is computed as Kshs. 66,011.92 in the analysis but awarded as Kshs. 66,011.75

minor

Inconsistency in the wage order effective date: the judgment states the 2021 Wage Order took effect on 1st May 2022

minor

Discrepancy in the employer name: the manifest produced relates to Greenline Safaris while the suit is against Greenline Company Limited, yet the court still found employment with the Respondent

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, "Transport Workers Union v Greenline Company Limited (Cause E447 of 2023) [2025] KEELRC 3761 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3761/eng@2025-12-15

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