Odundo v Kenya Institute of Management (Cause E320 of 2023) [2025] KEELRC 1430 (KLR)

The Claimant's uncontroverted testimony was that at least two managers who suspended him sat on the initial Disciplinary Committee and one also sat on the Appeals Committee. Applying the principle that a person who decided a matter should not sit on its appeal, the Court found the apprehension of bias well-founded. The failure to disclose the identity of the student allegedly solicited also impeded the Claimant's defence, though that allegation did not lead to dismissal.

The Respondent had withheld salary and maintenance during suspension, and the Claimant had communicated about this before failing to report on 18 August 2022. The Court held the employer could not benefit from its own breach of contractual obligations, so the absence was not a valid and fair reason for summary dismissal.

The Respondent made only general denials and, as custodian of employee records, produced no pay records under sections 18 and 20 of the Employment Act, no schedule of final dues, and no records showing payment of the contractual leave allowance under clause 7.4 of the HR Manual. The unchallenged computations by the Claimant were therefore accepted.

Considering the roughly 3 years of service, the Court found the equivalent of 3 months' gross salary (Kshs 96,000/- monthly) appropriate as compensation, plus 1 month's salary in lieu of notice. Reinstatement failed because the Claimant laid no basis for it.