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Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Cause No. E033 of 2025· [2026] KEELRC 2639 (KLR)

Johannes Petrus Martinus Van Der Voort v HBM Flowers Kenya Limited

Employment and Labour Relations Court of Kenya
25 September 2026
7,998 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~32 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled a farm manager's dismissal unfair because the employer couldn't prove its reasons and gave only 24 hours' notice of the disciplinary hearing.

What this practically means

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Executive summary

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The Claimant, employed as Farm Manager, sued HBM Flowers Kenya Limited for unlawful and unfair termination following dismissal on 11th August 2025 over alleged failure to implement a strategic crop plan (Scenario 3.1) and associated financial losses. The Respondent contended the Claimant was first a consultant (January to August 2024) and an employee only from 1st September 2024, and that termination was substantively and procedurally fair. The Court framed four issues: commencement of employment, substantive fairness, procedural fairness, and reliefs. Applying ILO Recommendation No. 198 and Kenneth Kimani Mburu, the Court held the pre-September 2024 relationship was in substance a consultancy, as the Claimant invoiced through his company and the contract described him as 'contractor'. On substance, the Respondent failed to produce the Scenario 3.1 plan or show it was finalised and communicated, and could not independently attribute quality losses to the Claimant, consignments having been cleared by KEPHIS; termination was substantively unfair. On procedure, roughly 24 hours' notice of the disciplinary hearing was inadequate following Nebert Mandala Ombajo, rendering the process procedurally unfair. The Court awarded three months' compensation, notice pay, salary for 11 days of August 2025, 0.25 days' leave, and house allowance at 15% of basic salary, with interest and costs, and ordered a certificate of service. Claims for repatriation, unremitted NHIF/SHIF deductions, and aggravated damages were declined. The Court also admonished counsel for citing unverifiable and mis-cited authorities.

Key legal issues

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01

Commencement date of the employment relationship

Holding

Employment commenced on 1st September 2024, not 29th February 2024; the earlier arrangement was in substance a consultancy

Reasoning

Although the document was titled 'Contract of Employment', it described the Claimant as 'contractor' and the Respondent as 'client', remuneration was subject to withholding tax, and the Claimant invoiced through Timau Seedlings and Consultation Limited from January to September 2024. Applying ILO Recommendation No. 198 and Kenneth Kimani Mburu, the substance of the relationship prevailed over its label.

p. 28
02

Valid and fair reason for termination

Holding

Respondent failed to prove a valid and fair reason; termination was substantively unfair

Reasoning

The Respondent alleged failure to implement the Scenario 3.1 strategic crop plan but never produced the plan or showed it was finalised, communicated to the Claimant, or had timelines and KPIs. Quality concerns were not independently attributed to the Claimant, as consignments had been cleared by KEPHIS and similar complaints persisted after his termination.

p. 33
03

Procedural fairness of the disciplinary process

Holding

Termination was procedurally unfair; notice of the disciplinary hearing was inadequate

Reasoning

The Claimant was told on 6th August 2025, at 16:45, that a meeting set for 7th August was a disciplinary hearing, giving roughly 24 hours' notice. Following Nebert Mandala Ombajo, such short notice on serious allegations impaired his ability to prepare, and his attendance did not waive the employer's Section 41 obligations.

p. 38
04

House allowance entitlement

Holding

Claimant entitled to house allowance at 15% of basic salary per Section 31(1) of the Employment Act

Reasoning

The pay slip showed basic pay with house allowance at 0.00, and there was no indication the Respondent provided housing. Following Grain Pro Kenya Inc. Ltd v Andrew Waithaka Kiragu, house allowance was computed at 15% of basic salary for the employment period.

p. 40

Legal principles established

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  • Courts are not bound by parties' characterisation of a relationship as consultancy or employment; the substance of the arrangement prevails
  • An employer bears the statutory burden of proving a valid and fair reason for termination on a balance of probabilities
  • Approximately 24 hours' notice of a disciplinary hearing on serious allegations is inadequate and prejudices the employee's defence
  • Attendance at a disciplinary hearing does not cure prejudice caused by inadequate notice; the fairness obligation rests with the employer
  • House allowance cannot be inferred as consolidated into basic salary absent express provision, regardless of remuneration quantum

Court orders

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  1. 1.A declaration that the termination of the Claimant's employment was both substantively and procedurally unfair
  2. 2.Compensation of EUR 22,500, being three months' salary
  3. 3.Kshs. 1,546,051.00 being one month's salary in lieu of notice and salary for 11 days worked in August 2025
  4. 4.EUR 62.50 for accrued annual leave equivalent to 0.25 days
  5. 5.EUR 12,787.50 as house allowance for 11 months and 11 days
  6. 6.Interest at court rates on the awards from the date of judgment until payment in full
  7. 7.Costs of the suit to the Claimant
  8. 8.Respondent to issue a certificate of service within 14 days
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and Labour Relations Act (first-instance employment cause)

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, "Johannes Petrus Martinus Van Der Voort v HBM Flowers Kenya Limited", Case Analysis (2026). ELRC Cause No. E033 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2639/eng@2026-09-25

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