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ELRCPartially AllowedCause No. E633 of 2021

Lorna Chepng'eno v KCB Bank Kenya Limited

Employment and Labour Relations Court
2 October 2026
5,452 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~22 min to read original · ~4 min brief

The bottom line

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KCB Bank wrongfully fired an employee stranded by Covid-19 travel bans, and the Employment Court ordered it to pay her nearly Kshs.1 million.

What this practically means

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Executive summary

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The Claimant, employed by KCB Bank Kenya Limited from 2008 and last stationed at Milimani Branch, sued for unlawful termination. Stranded in Londiani, Kericho County by Covid-19 movement restrictions after her leave was extended, she could not return to Nairobi despite the Bank issuing her an inter-county movement letter, because no transport was available. She communicated this constantly to the employer. On reporting to work on 17th June 2020 she was denied access to the premises and systems, and was handed two backdated letters (28th May and 2nd June 2020) requiring her to show cause and declaring her removed from the payroll. A Branch Manager's Internal Memo of 6th July 2020 announced her exit and was never revoked. The later show-cause letter, disciplinary hearing invitation and termination letter of 24th December 2020 were held to be an attempt to sanitize an already concluded unlawful process. Applying Sections 35, 41, 43 and 45 of the Employment Act and the desertion jurisprudence, the Court found the facts did not demonstrate desertion, and that the termination was without valid reason, without notice and without a hearing - substantively and procedurally unfair. The Court awarded six months' salary (Kshs.840,000/=) as compensation and one month's notice pay (Kshs.140,000/=), subject to PAYE, with interest at court rates, a certificate of service within 30 days, and costs of the suit. Claims for service pay and damages for the unexpired contract term were declined.

Questions the Court framed

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

  1. 1.Whether termination of the Claimant's employment by the Respondent was unfair
  2. 2.Whether the reliefs sought are merited

Key legal issues

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01

Whether the Claimant deserted/absconded duty

Holding

No - the facts do not demonstrate desertion; the Claimant was stranded by Covid-19 movement restrictions and in constant communication with the employer

Reasoning

The Claimant could not travel from Londiani to Nairobi due to Government Covid-19 containment measures, of which the employer was aware. There was constant communication about lack of transport. She reported to work on 17th June 2020 and was denied access. Desertion requires an intention not to return, which was absent.

p. 30
02

When and how was the employment terminated

Holding

Termination occurred on 17th June 2020 when the Claimant was denied access, confirmed by the Internal Memo of 6th July 2020; later disciplinary proceedings were a sanitization of an already concluded process

Reasoning

The Claimant reported on duty on 17th June 2020 and was denied access to her workplace. The Branch Manager's Internal Memo of 6th July 2020 declared her no longer staff and was never revoked, nor were the letters of 28th May and 2nd June 2020. She was never assigned duties thereafter, so the November hearing and December termination letter were afterthoughts.

p. 31
03

Whether the termination was substantively and procedurally unfair

Holding

Yes - it was without a valid reason, without notice, and without an opportunity to be heard

Reasoning

Under Sections 43 and 45 of the Employment Act the employer must prove a valid reason; under Section 41 the employee must be heard; under Section 35(1)(c) notice or pay in lieu is mandatory. The termination for alleged absenteeism failed on all three counts since the Claimant had a verifiable reason for absence and was never heard before removal from the payroll.

p. 31

Legal principles established

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  • For a termination to pass the fairness test there must be both substantive justification and procedural fairness
  • Desertion requires an intention not to return, which the employer must deduce from and demonstrate on the facts
  • Desertion does not deprive the employee of the right to procedural fairness

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent: compensation for unfair termination of Kshs.840,000/= and notice pay of Kshs.140,000/=, total Kshs.980,000/=
  2. 2.The awarded sum shall be subject to Pay As You Earn (PAYE) tax pursuant to Section 49(2) of the Employment Act
  3. 3.Interest on the awarded sum at Court rates from the date of Judgment until payment in full
  4. 4.The Respondent shall issue the Claimant with a Certificate of Service pursuant to Section 51 of the Employment Act, within 30 days of the Judgment
  5. 5.The Claimant is awarded costs of the suit

The bench

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

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (unfair termination claim)

Relief refused

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Damages equivalent of salary for the remaining 20 years to retirement age

Not one of the reliefs provided for in Section 49(1) of the Employment Act

p. 33

Service pay for 13 years at 15 days' salary per completed year

Claimant was a contributor to NSSF and a member of the KCB Pension Scheme, already paid

p. 32

Costs

The Claimant is awarded 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 facts of the case herein do not demonstrate desertion/absconding duty on the part of the Claimant, who for good and verifiable reason, of which the employer was aware, could not manage to get transport back to her place of work.
p. 30desertion
Any subsequent purported disciplinary proceedings were meant to sanitize an already concluded process.
p. 31sanitization of unlawful termination
The termination was procedurally and substantively unfair. I so find and declare.
p. 32unfair termination finding
In sum, and having considered written submissions filed on behalf of both parties herein, Judgment is hereby entered for the Claimant against the Respondent as follows:
p. 33final orders
The Claimant is awarded costs of the suit.
p. 34costs

Issues in the judgment

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minor

Typographical error on date of Claimant's return to Nairobi

minor

Pleading date of extension of cessation of movement inconsistent with rest of judgment

minor

Garbled case citation for the Court of Appeal desertion authority

material

Judgment bears 'DRAFT' watermark including on signature page

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, "Lorna Chepng'eno v KCB Bank Kenya Limited", Case Analysis (2026). Cause No. E633 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2764/eng@2026-10-02

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