Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Appeal No. E034 of 2025· [2026] KEELRC 2475 (KLR)

Peter Uraa Mang'ee v AJ Ceramics Limited

Employment and Labour Relations Court of Kenya at Machakos
18 September 2026
3,587 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

#

A Kenyan court upheld an employee's dismissal as fair but awarded him full costs with interest because the trial court gave no reason to deny them.

What this practically means

#

Executive summary

#
The appellant, dismissed summarily by AJ Ceramics Limited on 23rd February 2024 for allegedly removing metal rods captured on CCTV, lost his claim before the trial magistrate (B. Ojoo, CM), who found the dismissal lawful and fair but ordered payment for days worked in February 2024, a Certificate of Service, regularisation of NHIF records, and that each party bear own costs. On appeal to the ELRC at Machakos, Keli J re-evaluated the documentary record as a first appellate court, applying Selle v Associated Motor Boat Co. The court found a valid reason for termination under sections 43 and 45 of the Employment Act: the minutes of the CCTV viewing recorded the appellant's admission, which he never challenged, distinguishing Mbuba v Mwangi where no such evidence existed. Procedural fairness under section 41 was satisfied through show cause, written response, hearing invitation, hearing and minutes; new complaints raised only in submissions were rejected because submissions are not pleadings. The court declined to substitute its view on the employer's choice of sanction. However, it disturbed the trial court's costs order, holding that costs follow the event and the trial court gave no reason for deviating despite awarding salary to the claimant. The appeal was allowed partially: the judgment and decree were set aside and substituted with the substantive orders intact, plus costs of the suit with interest to the appellant, and half costs of the appeal. The respondent did not appear.

Key legal issues

#
01

Validity of the reason for dismissal (substantive fairness)

Holding

The reason - removal of metal rods captured on CCTV and admitted by the appellant in the minutes of the CCTV viewing - was valid and related to the employee's conduct

Reasoning

The parties proceeded by documents. The respondent produced the invitation to view CCTV footage and the minutes of the viewing and interrogation, in which the appellant admitted the accusations. The appellant did not challenge production of the minutes. Unlike Mbuba v Mwangi, where no CCTV evidence existed, here the documented admission supported the trial court's finding of a valid reason under section 43.

p. 12
02

Procedural fairness of the dismissal

Holding

The dismissal was procedurally fair; show cause, hearing invitation, hearing and minutes were all produced

Reasoning

Section 41 requires explanation, notification and hearing before termination. The record showed a show cause letter dated 18 December 2023, a written response, an invitation to a disciplinary hearing of 18 January 2024 with the right to be accompanied, the hearing itself, and minutes reflecting the appellant's statements. New complaints about specificity of charge and time to respond were raised only in submissions, not pleadings.

p. 13
03

Entitlement to relief and costs

Holding

Substantive findings on dismissal upheld, but the trial court's order that each party bear own costs was disturbed because costs follow the event

Reasoning

There being no cross-appeal, the findings on lawfulness and fairness stood. However, the trial court awarded unpaid salary to the claimant yet ordered each party to bear own costs without explaining the deviation from the principle that costs follow the event. The appellate court therefore set aside the judgment to the limited extent of awarding the appellant costs of the suit with interest.

p. 14

Legal principles established

#
  • A termination must satisfy both substantive fairness (valid and fair reason) and procedural fairness under sections 43, 45 and 41 of the Employment Act
  • Where the employer proves the reason for termination and accords a fair hearing, the court will not substitute its own view on the appropriate sanction
  • Costs follow the event and a trial court must explain any deviation from that principle

Court orders

#
  1. 1.Appeal allowed partially with regard to costs and interest
  2. 2.Judgment and Decree of the Hon. B. Ojoo (CM) delivered on 1st June 2025 in Mavoko CMELRC No. E135 of 2024 set aside and substituted
  3. 3.Respondent to pay the Claimant for the days worked in the month of February 2024 less statutory deductions and issue him with a Certificate of Service (under section 51 of the Act) within 30 days hereof
  4. 4.Costs and interest of the suit awarded to the appellant
  5. 5.Pending final clearance of the employee and issuance of the certificate of service, the Respondent to regularise records and ensure all NHIF deductions are remitted
  6. 6.Appellant awarded ½ costs of the appeal
On appeal from
Magistrates' Court at Mavoko (CMELRC)
Mavoko CMELRC No. E135 of 2024
Jurisdiction invoked
First appellate jurisdiction over the subordinate court's judgment and decree in an employment claim (Employment and Labour Relations Court)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Peter Uraa Mang'ee v AJ Ceramics Limited", Case Analysis (2026). ELRC Appeal No. E034 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2475/eng@2026-09-18

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