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ELRCDismissedCause (plaint dated 3rd December 2014) - Employment and Labour Relations Court claim· [2021] KEELRC 492 (KLR)

Michael Njoroge v Barclays Bank Limited & another [2021] KEELRC 492 (KLR)

Employment and Labour Relations Court
12 November 2021
4,535 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

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The Employment Court dismissed a former bank teller's claims, ruling his dismissal was fair because banks can demand higher integrity from staff.

What this practically means

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Executive summary

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The Claimant, a bank teller/cashier employed by the 1st Respondent bank since 2008, sued for general damages for malicious prosecution and for remedies for unfair termination after his dismissal on 7th May 2013. His dismissal followed an attempted robbery at the Nakuru East Branch on 22nd October 2012, in which police ambushed and shot three robbers who had gained access to the branch. The bank's investigation named the Claimant among staff who leaked information to the robbery syndicate; he was arrested, charged in Nakuru CM Criminal Case No. 3759 of 2012 and discharged under Section 210 of the Criminal Procedure Act with no case to answer. The court framed two issues: whether the termination was unfair, and whether the prosecution was malicious. On the first, although no copy of the invitation letter to the disciplinary hearing was produced, the disciplinary minutes showed the Claimant received an invitation, knew the allegations, was accompanied by a fellow employee, and was heard on appeal. The confidential investigation report, corroborated by the actual robbery attempt, gave the bank a genuine and reasonable basis to lose faith in him; the court held that banks demand a higher level of integrity and found the termination substantively and procedurally fair. On malicious prosecution, applying the Mbowa elements, the court found the police had reasonable and probable cause based on the bank's complaint and investigation, and that the Claimant proved no malice, ill-will or improper motive, acquittal alone being insufficient. The entire claim was dismissed with no orders for costs. Judgment was delivered virtually at Nairobi on 12th November 2021.

Key legal issues

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01

Whether the termination of the Claimant's employment was procedurally fair

Holding

The termination was procedurally fair; the minutes showed the Claimant received an invitation letter and was given an opportunity to state his case.

Reasoning

Although no copy of the invitation letter was produced, the disciplinary proceedings disclosed that the Claimant received one, as he himself referred to the invitation letter in his remarks before the committee. The minutes show he acknowledged knowing why he was there and was invited to tell the panel what he knew. He also attended with a fellow employee as representative and later appealed the termination.

p. 3
02

Whether there was a valid reason for termination under Section 43 of the Employment Act

Holding

There was a valid reason: an investigation report linked the Claimant to a syndicate planning to rob the bank, and the tip-off proved accurate when the robbery attempt occurred.

Reasoning

The employer, a commercial bank handling clients' money, is entitled to demand higher integrity from staff. The informer's information was corroborated by the attempted robbery in which robbers gained access to the branch and were shot by police. The investigation named the Claimant among bank staff leaking information to the gang, giving the bank a genuine and reasonable belief justifying loss of trust.

p. 5
03

Whether the Claimant proved malicious prosecution

Holding

The claim failed; the prosecution was instituted on reasonable and probable cause and without malice.

Reasoning

The elements of malicious prosecution require instituting proceedings, absence of reasonable and probable cause, malice, and termination in the plaintiff's favour. The complaint to police by the bank was based on a tip-off proved accurate, and police ascertained the truth before acting. The Claimant adduced no evidence of spite, ill-will or improper motive; he did not even know the police officers involved.

p. 6

Legal principles established

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  • A bank is entitled to demand a higher level of integrity from its employees and may terminate employment where it validly and reasonably doubts an employee's integrity.
  • Acquittal or discharge in criminal proceedings is not, per se, sufficient basis for a claim of malicious prosecution; malice in fact must be proved.

Court orders

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  1. 1.The entire claim fails and is dismissed
  2. 2.No orders for costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (claim for unfair termination and malicious prosecution arising from employment)

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, "Michael Njoroge v Barclays Bank Limited & another [2021] KEELRC 492 (KLR)", Case Analysis (2021). Cause (plaint dated 3rd December 2014) - Employment and Labour Relations Court claim. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/492/eng@2021-11-12

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