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Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Cause No E017 of 2024

Erick Lilungo Mukhwami v Kenya Electricity Transmission Company Limited

Employment and Labour Relations Court
24 September 2026
2,350 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 upheld a dismissal based on the employee's own written admission of falsifying his academic transcript, awarding only unpaid salary and a certificate of service.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent as an Electrical Craftsman from 18th August 2017 and later elevated to Technician Overhead Lines, challenged the termination of his employment in October 2023. The Respondent acted after the Kenya National Examinations Council flagged a November 2014 results slip the Claimant had submitted at recruitment as falsified - it showed he had passed a module for which his true transcript showed a re-sit. The Claimant admitted the forgery in his response to a show cause letter but later alleged the admission was procured by a colleague's coercion or inducement. The court framed two issues: whether the termination had legitimate grounds and fair procedure, and whether the Claimant was entitled to his reliefs. The court held that the admission established a legitimate ground under sections 41 and 43 of the Employment Act, relieving the employer of any obligation to prove the admitted charge, including producing the KNEC letter. The coercion claim failed: the colleague denied it on oath and had no authority over the Claimant. Procedure was fair - show cause, disciplinary hearing and appeal were all afforded despite the admission. The court declined the declaration of unlawful termination, reinstatement, notice pay, compensation and general damages, and rejected the accrued leave claim on uncontroverted leave data and the Claimant's concession. Only salary for the 17 days worked in October 2023 and a certificate of service under section 51 were granted; the rest of the suit was dismissed with each party bearing own costs.

Questions the Court framed

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

  1. 1.Whether the Respondent had legitimate reasons to terminate the Claimant's employment and whether the decision was processed in accordance with fair procedure.
  2. 2.Whether the Claimant is entitled to the reliefs which he seeks through this action.

Key legal issues

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01

Whether the Respondent had legitimate grounds to terminate the Claimant's employment

Holding

Yes - the Claimant admitted falsifying the transcript, giving the Respondent a legitimate ground under sections 41 and 43 of the Employment Act.

Reasoning

The Claimant admitted in his response to the show cause letter that he lodged a falsified transcript to secure employment. His claim of coercion failed because the alleged coercing colleague denied it on oath and had no supervisory authority over him. An admitted charge required no further proof by the employer, so the KNEC letter's non-disclosure was immaterial.

p. 7
02

Whether the termination followed fair procedure

Holding

Yes - the Claimant was given a show cause letter, a disciplinary hearing, and an appeal despite having admitted the charge.

Reasoning

Even though the charge was admitted, the Respondent still accorded the Claimant a disciplinary hearing and an appeal, satisfying due process. The appeal was properly declined since an admitted infraction gave no legitimate grounds to sustain it. The termination was therefore both substantively and procedurally justified.

p. 8
03

Whether the Claimant is entitled to the reliefs sought

Holding

Only salary for 17 days worked in October 2023 and a certificate of service; all other reliefs declined.

Reasoning

Having found the termination lawful, the court declined the declaration, reinstatement, notice pay, compensation and general damages. The leave claim failed on uncontroverted leave data and the Claimant's concession. Services ended on 18th October 2023, entitling him only to 17 days' salary, plus a statutory certificate of service under section 51.

p. 10

Legal principles established

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  • Where an employee admits a charge in response to a show cause letter, the employer is under no obligation to tender further evidence to prove the admitted charge.
  • An admission of an infraction procured by a colleague's advice does not amount to coercion by the employer absent evidence of pressure by the employer.

Court orders

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  1. 1.The Respondent to compute and remit to the Claimant salary for the 17 days he was in service in October 2023.
  2. 2.The Respondent to issue the Claimant with a Certificate of Service in terms of section 51 of the Employment Act.
  3. 3.The rest of the suit, other than the two reliefs granted, is dismissed.
  4. 4.Each party shall bear own costs of 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 under the Employment and Labour Relations Court Act over employment disputes (Employment Act, sections 41, 43 and 51 applied)

Relief refused

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Declaration that termination was unlawful/improper

Termination was founded on the Claimant's own admission of falsifying the transcript and was substantively and procedurally justified.

p. 8

Reinstatement

Termination was lawful; relief declined.

p. 9

Compensation for unfair/wrongful termination

Termination was for a proper reason and in accordance with due process.

p. 10

One month's salary in lieu of notice

Relief declined as termination was justified.

p. 9

General damages for violation of rights

Not supported by evidence; the Claimant was heard and admitted the charge.

p. 9

Pay for accrued leave days for 2023

Claimant conceded he was on 2023 annual leave when the show cause letter issued; uncontroverted leave data showed leave was taken.

p. 10

Costs

Each party shall bear own costs of 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.

The Claimant having admitted the infraction, the Respondent was under no obligation to tender further evidence to prove the admitted charge.
p. 7Effect of admission of charge on employer's evidentiary burden
The fact that he sought advice from a colleague, if at all, on how to respond to the show cause letter cannot imply coercion on him to respond to the letter in the way that he did.
p. 7Coercion/inducement vitiating an admission
Despite this admission, the Respondent still accorded him an opportunity to be heard. As such, the Respondent's decision was both substantively and procedurally justified.
p. 8Substantive and procedural fairness of termination
Accordingly, the Respondent is ordered to compute and remit to the Claimant salary for the 17 days he was in service in October 2023.
p. 11Final orders - salary for days worked
The Respondent is also ordered to issue the Claimant with a Certificate of Service in terms of section 51 of the Employment Act.
p. 11Final orders - certificate of service
Other than the two reliefs which have been granted, the rest of the suit is dismissed.
p. 11Final orders - dismissal of remainder of suit
Each party shall bear own costs of the suit.
p. 11Final orders - costs

Issues in the judgment

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minor

Judgment delivery date of 2026 appears inconsistent with a 2024 cause number.

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, "Erick Lilungo Mukhwami v Kenya Electricity Transmission Company Limited", Case Analysis (2026). ELRC Cause No E017 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2525/eng@2026-09-24

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