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ELRCDismissedELRC Cause (Memorandum of Claim dated 14th July 2022)

Odundo v Bidco Africa Limited (Cause E502 of 2022) [2025] KEELRC 894 (KLR)

Employment and Labour Relations Court
20 March 2025
4,714 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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The Employment Court upheld Bidco Africa's dismissal of an employee found with company goods and no gate pass, confirming a fair disciplinary process defeats unfair termination claims.

What this practically means

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Executive summary

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Evans Odundo, employed by Bidco Africa Limited from January 2003 as Lead Marketing Events on a gross salary of Kshs. 84,000/-, was terminated on 2nd February 2022 after security officers at the company gate discovered two sealed boxes of the company's cooking oil products in his vehicle without a gate pass. He sued for a declaration that the refusal to hear his appeal violated fair labour practices, 12 months' salary compensation, pay in lieu of notice and costs. The Respondent maintained the termination was substantively and procedurally fair, that the Claimant was heard at a disciplinary hearing, and that he abandoned his appeal by clearing and collecting terminal dues. The court framed three issues: competence of the Respondent's witnesses, whether the termination was unfair, and remedies. It held the witnesses were competent, dismissing the Claimant's objection based on absence of company resolutions and finding the KCB v Stage Coach Management authority irrelevant to employment disputes. On the merits, the court found the Claimant failed to explain his possession of company products, gave shifting accounts, and was given ample opportunity to produce supporting documents. It held he was accorded due process under sections 41, 45 and 47 of the Employment Act and could not fault the dismissal procedure. His terminal dues having been paid, nothing else was recoverable. The suit was dismissed with costs to the Respondent.

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's witnesses were competent to testify on behalf of the Respondent
  2. 2.Whether the Claimant had proved an unfair termination
  3. 3.What remedies lie

Key legal issues

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01

Competence of the Respondent's witnesses to testify without formal company resolutions or registration certificates

Holding

The witnesses were competent; the Kenya Commercial Bank v Stage Coach Management authority was irrelevant to an employment dispute

Reasoning

Mr. Mweu personally conducted the search at the gate and Mrs. Adika familiarised herself with the HR files of the dispute. The objection, raised only at submissions stage, could not stand. The court found KCB v Stage Coach Management Ltd, which concerned instituting suits on behalf of a company, inapplicable to employment litigation and held it irrelevant.

p. 7
02

Whether the termination of the Claimant's employment was substantively and procedurally unfair

Holding

The termination was fair; the Claimant failed to justify his possession of company products and was accorded due process

Reasoning

The Claimant was found with company cooking oil products without a gate pass, gave shifting explanations, and failed to produce supporting documents despite being given time. He was issued a show cause notice, responded, attended a disciplinary hearing with a colleague, and was heard. The court found the procedure and process could not be faulted under sections 41, 45 and 47 of the Employment Act.

p. 8
03

Whether the Respondent's failure to hear the Claimant's appeal rendered the termination unfair

Holding

The Claimant's conduct in clearing and collecting terminal dues signalled abandonment of the appeal; termination remained fair

Reasoning

The Respondent deemed the appeal spent after the Claimant signed for terminal benefits. The court found no basis to fault the dismissal process, holding the Claimant was accorded a chance to defend himself and was heard. The failure of the appeal to be heard did not render the otherwise-fair process unfair.

p. 8

Legal principles established

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  • Submissions cannot take the place of evidence and new issues cannot be introduced at the submission stage
  • An employer's employees may competently testify on its behalf in an employment dispute even where formal authority letters are not produced

Court orders

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  1. 1.The Claimant's suit is dismissed
  2. 2.Costs of the suit to the Respondent

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original employment and labour relations jurisdiction under the Employment Act

Relief refused

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Declaration that refusal to hear appeal contravened fair labour practices

Court found the disciplinary process fair and the suit not proved

p. 8

12 months' salary compensation of Kshs. 1,092,000/- for unfair termination

Termination was substantively and procedurally fair; suit dismissed

p. 8

Pay in lieu of notice

Terminal dues already received; no recovery available

p. 8

Costs

Costs of the suit awarded to the Respondent

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.

I find and hold that decision is irrelevant and not applicable here.
p. 7inapplicability of company-resolution authority cases to employment disputes
the Claimant did not extricate himself from accusations of improper handling of company products which he attempted to steal and would have succeeded had the Respondent's security agents not been vigilant.
p. 8substantive fairness of termination
In terms of section 41, 45 and 47 of the Employment Act, the Claimant was accorded a chance to defend himself, was heard and when his explanation failed to exculpate him led to his termination.
p. 8procedural fairness under the Employment Act
His suit being untenable and not proved, it is accordingly dismissed with costs to the Respondent.
p. 8final orders

Issues in the judgment

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minor

Witnesses described in cross-examination as lacking filed authority, yet the court found them competent; the Claimant's witness was also referred to as '1st Respondent's witness' in the heading of his evidence

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, "Odundo v Bidco Africa Limited (Cause E502 of 2022) [2025] KEELRC 894 (KLR)", Case Analysis (2025). ELRC Cause (Memorandum of Claim dated 14th July 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/894/eng@2025-03-20

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