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ELRCPartially AllowedNot stated in judgment

Wambui v Wananchi Sacco Society Limited (Employment and Labour Relations Cause 451 of 2017) [2025] KEELRC 1475 (KLR)

Employment and Labour Relations Court
16 May 2025
2,818 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered a SACCO to pay its former loan officer nearly Kshs.500,000 because it couldn't prove he committed the fraud used to fire him.

What this practically means

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Executive summary

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The claimant, employed by the respondent SACCO from 2000 and serving as a Loan Officer, was dismissed by letter effective 2nd June 2017 on grounds of gross misconduct, negligence and fundamental breach of his employment obligations, following alleged irregularities in loans issued at Gakindu Branch in 2013 and 2014, including fake documents and loans to non-members. He claimed damages for unlawful termination and 16 years' salary to retirement age (Kshs.13,871,664); the respondent denied unfair termination and counterclaimed Kshs.266,790.70 as a loan balance. The matter came up for fresh hearing as directed by the Court of Appeal. The court framed three issues: validity and fairness of the termination, the reliefs, and the counterclaim. It held that although irregularities occurred at the branch, the respondent did not prove by evidence that the claimant committed them; the investigation report was not produced and the claimant's explanation was unrebutted. The disciplinary process also fell short of section 41 of the Employment Act: the notice was short and silent on its purpose, the right to accompaniment was not explained, and the claimant was denied documents and cross-examination. The termination was therefore unfair and unlawful under section 45. The court awarded ten months' salary (Kshs.722,482.50), declined the retirement-age claim as unfounded in law or contract, and awarded the respondent Kshs.227,126 on the counterclaim as acknowledged in court, leaving a net of Kshs.495,356.50 subject to statutory deductions, with costs and interest to the claimant.

Questions the Court framed

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

  1. 1.Whether the termination of the claimant's employment contract was unfair and unlawful
  2. 2.Whether the claimant is entitled to the reliefs sought
  3. 3.Whether the respondent's counterclaim is merited

Key legal issues

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01

Whether the reason for the termination was valid

Holding

The respondent failed to prove that the alleged irregularities were done by the claimant; the reason for termination was not valid.

Reasoning

Although the court was satisfied that irregularities and breach of loan policy occurred at Gakindu Branch in 2013 and 2014, the investigation report supporting the alleged fraud was not produced in court. The claimant's unrebuted evidence that the fake documents were prepared by banks and factory managers, and that the system was insecure and editable after approval, meant there was no evidence linking him to the offences. Generalized offences in the termination letter lacked particulars.

p. 5
02

Whether a fair procedure was followed before termination

Holding

The process did not amount to a fair hearing: the notice was short, did not disclose the disciplinary purpose, did not inform the claimant of his right to accompaniment, and documents and cross-examination opportunities were denied.

Reasoning

The respondent never pleaded that it accorded the claimant a hearing and none of its witnesses indicated a disciplinary hearing was done. The letter inviting the claimant to the Board meeting of 19th April 2017 was silent on its purpose. The claimant's evidence that he was denied documents and the opportunity to cross-examine persons who adversely mentioned him was not rebutted. The court applied section 41 of the Employment Act and the Kenfreight authority.

p. 5
03

Remedies for unfair termination

Holding

Ten months' salary as compensation (Kshs.722,482.50) based on gross salary of Kshs.72,248.25, considering long service; the retirement-age claim was declined.

Reasoning

Compensation under section 49 principles considered the claimant's long service without proven misconduct. The court awarded ten months' gross salary as at February 2017. The claim for future salary up to retirement age of 60 was rejected as not founded on law or contract.

p. 6
04

Whether the respondent's counterclaim was merited

Holding

Partially merited: Kshs.227,126 awarded as the outstanding loan balance, per the respondent's own court acknowledgment, not the pleaded Kshs.266,790.70.

Reasoning

The respondent had pleaded a loan deficit of Kshs.266,790.70 after terminal dues, deposits and savings. However, on 15th March 2019 the respondent acknowledged in court that the loan was Kshs.762,968.68 less Kshs.535,841.98 recovered, leaving Kshs.227,126. The court awarded the acknowledged figure.

p. 6

Legal principles established

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  • An employer must prove both a valid and fair reason for termination and that a fair procedure was followed; the burden of proof lies on the employer under section 45 of the Employment Act.
  • Where the investigation report and other evidence alleged to support misconduct are not produced in court, the employer fails to prove the validity of the reason for termination.
  • A disciplinary hearing notice that is too short, does not disclose the purpose of the meeting, and does not inform the employee of the right to be accompanied, does not amount to a fair hearing under section 41 of the Employment Act.

Court orders

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  1. 1.Award of Kshs.722,482.50 to the claimant being ten (10) months' salary as compensation for unfair termination
  2. 2.Less loan balance of Kshs.227,126.00 due to the respondent on its counterclaim
  3. 3.Net due to the claimant: Kshs.495,356.50
  4. 4.The award is subject to statutory deductions
  5. 5.The claimant is awarded costs plus interest from the date of the judgment

The bench

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

majority

Wrote the judgment

On appeal from
Court of Appeal
Not stated in judgment
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (the matter came up for fresh hearing 'as directed by the Court of Appeal'); no specific constitutional or statutory provision invoked for jurisdiction.

Relief refused

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Claim for Kshs.13,871,664 being salary for 16 years before normal retirement at age 60

The claim was not founded on any law or on the claimant's written contract of employment

p. 6

Portion of the respondent's counterclaim (Kshs.266,790.70 as pleaded)

The respondent acknowledged in court that the outstanding loan was Kshs.227,126, which is the amount awarded

p. 6

Costs

The claimant is awarded costs plus interest from the date of this judgment.

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 that the respondent has proved that it followed a fair procedure before terminating the claimant's employment. This finding plus the earlier finding that there was no valid reason to justify the termination, I proceed to hold that the termination of the claimant's contract of employment was unfair and unlawful within the meaning of section 45 of the Employment Act.
p. 5Overall conclusion on unfair termination
Consequently, I find that respondent has not proved by evidence that the alleged irregularities were done by the claimant. As such, I must hold that the reason for the termination was not valid.
p. 5Failure to prove valid reason
Such process cannot amount to fair hearing. First, the notice was too short. Second, the letter did not indicate that meeting was for his disciplinary hearing.
p. 5Defective disciplinary notice
The claim for Kshs.13,871,664 being the salary he expected to earn before reaching normal retirement age of 60 years, is declined because it is not founded on any law or his written contract.
p. 6Refusal of retirement-age damages
a. Award of…………………………Kshs.722,482.50 b. Less loan balance…………………Kshs.227,126.00 Net due Kshs.495,356.50 c. The award is subject to statutory deductions. d. The claimant is awarded costs plus interest from the date of this judgment.
p. 6Final orders/disposition

Issues in the judgment

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material

Internal contradiction on the fair-procedure finding: the court detailed four defects in the disciplinary process and held the process 'cannot amount to fair hearing', yet immediately afterwards stated the opposite, that the respondent proved a fair procedure, while still concluding the termination was unfair.

minor

Inconsistent dates for the dismissal letter: paragraph 10 refers to 'a letter dated 3rd July 2017' while the termination letter reproduced at paragraph 17 is dated 3rd June 2017 and takes effect from 2nd June 2017.

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, "Wambui v Wananchi Sacco Society Limited (Employment and Labour Relations Cause 451 of 2017) [2025] KEELRC 1475 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1475/eng@2025-05-16

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