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ELRCPartially AllowedNot stated in the judgment (Statement of Claim dated 6th February 2024)

Ratemo v Seventh Day Adventist Church Central Rift Valley Conference (Employment and Labour Relations Cause E012 of 2024) [2025] KEELRC 1771 (KLR)

Employment and Labour Relations Court
18 June 2025
2,578 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded an auditor about Kshs. 868,000 after her church employer fired her over accusations it never proved or explained properly.

What this practically means

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Executive summary

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The Claimant, formerly Conference Internal Auditor of the Central Rift Valley Conference of the Seventh Day Adventist Church, sued for unfair and unlawful termination. She was employed from 2014, confirmed permanent in November 2016 and promoted to Internal Auditor in January 2019 on a gross monthly salary of Kshs. 96,452.83. In May 2023 she received a show cause letter alleging a romantic relationship with a co-worker who was not her lawfully married husband. She denied the accusation, was suspended for three months, appeared before a commission, and on 27th October 2023 was pressured by executive officers to resign; she refused. The Respondent entered no appearance despite service, and the cause proceeded as an undefended cause by formal proof. The court framed a single issue: whether the claim was merited. Applying section 47(5) of the Employment Act, the court held the burden of justifying termination lay on the employer, who adduced no evidence. The accusation lacked particulars - the man involved was never named - so no valid reason was established under sections 43(1) and 45(1), and no disciplinary hearing complying with section 41(1) was conducted. Citing Walter Ogal Anuro v Teachers Service Commission, the court found both substantive justification and procedural fairness wanting and held the Claimant was unfairly and unprocedurally terminated. Reinstatement and the pleaded special damages of about Kshs. 9.98 million were not granted. The court awarded one month's salary in lieu of notice (Kshs. 96,541), eight months' compensation (Kshs. 771,662.64), interest at 14% per annum from judgment, and costs 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 claim is merited, i.e. whether the Claimant's termination was substantively justified and procedurally fair

Key legal issues

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01

Whether the Claimant's termination was substantively justified and procedurally fair

Holding

The termination was unfair and unprocedural. The accusation of a romantic relationship lacked particulars - the alleged co-worker was never named - so no valid reason was established, and the Claimant was not taken through a disciplinary hearing as required by section 41(1) of the Employment Act.

Reasoning

Section 47(5) of the Employment Act places the burden of justifying the grounds of termination on the employer. The Respondent, having entered no appearance and adduced no evidence at formal proof, did not controvert the Claimant's testimony. The show cause letter alleged an affair with an unnamed man, which could not establish a valid reason under section 43(1). The process - a commission of investigation followed by pressure to resign - did not satisfy section 41(1) procedural requirements.

p. 6
02

Whether the employer's failure to particularise the alleged misconduct (the identity of the man involved) undermines substantive justification

Holding

Yes. An accusation without details fails to establish substantial justification, just as in the Biblical account of the woman accused of adultery where the man was not presented.

Reasoning

The court observed that the show cause letter accused the Claimant of a romantic relationship with a man who was not her lawfully married husband, yet the man was not named and no details were given. The court likened this to the woman taken to Jesus accused of adultery while the man was not presented. Without such details, the employer could not provide the valid reason required by sections 43(1) and 45(1) of the Employment Act.

p. 5

Legal principles established

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  • For a termination of employment to pass the fairness test there must be both substantive justification and procedural fairness
  • An employer who fails to prove the reasons for termination, including sufficient particulars of alleged misconduct, renders the termination unfair under sections 43(1) and 45(1) of the Employment Act
  • In an undefended claim, an employer who files no response and tenders no evidence fails to discharge the twin tests of substantive justification and procedural fairness

Court orders

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  1. 1.One month's salary in lieu of notice of Kshs. 96,541/= awarded to the Claimant
  2. 2.Compensation for unfair termination equivalent to 8 months' salary of Kshs. 771,662/64 awarded to the Claimant
  3. 3.Interest at court rates at 14% per annum from the date of judgment until full payment
  4. 4.Costs of the suit awarded to the Claimant

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 over unfair termination and wrongful dismissal claims (Employment Act, 2007)

Relief refused

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Reinstatement to the former position with back salary, allowances and benefits

The court did not order reinstatement, awarding monetary compensation instead; the Claimant was no longer in the Respondent's employment and the court lacked the benefit of a termination letter

p. 5

Special damages of Kshs. 9,977,666/= for lost benefits (education assistance, housing, motor vehicle insurance, workers' education assistance, annual bonus and retirement allowance)

These pleaded heads of special damages were not awarded in the final orders; only notice pay and 8 months' compensation were granted

p. 6

A declaration that the Claimant's employment was unfairly terminated

Although pleaded and found as a fact, no formal declaration was included among the orders issued

p. 6

Costs

Costs are awarded to the Claimant.

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 court therefore finds and holds the claimant was unfairly and unprocedurally terminated from her employment.
p. 6Finding of unfair termination
Without any details the accusation fails to establish substantial justification where an employer is expected to provide a valid reason.
p. 5Substantive justification - need for particulars of misconduct
She was invited to attend a Commission for investigations and after that she was dismissed after she was coerced to resign but she refused to resign.
p. 5Procedural fairness - absence of a section 41 disciplinary hearing
She is awarded the following reliefs: (1) One month' salary in lieu of notice - Kshs.96,541/2 (2) Compensation for unfair termination equivalent to 8 months' salary - Kshs.771,662/64 (3) Interest at court rates at 14% per annum from date of judgment till full payment (4) Costs are awarded to the Claimant.
p. 6Final orders and disposition

Issues in the judgment

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minor

The judgment refers to the 'Employment Act, 2012' in the pleadings, whereas the provisions cited (sections 41, 43, 45, 47) are from the Employment Act, 2007; the final orders do not expressly address the pleaded declaration or reinstatement prayers

minor

Notice pay figure in the orders (Kshs.96,541/=) differs slightly from the pleaded monthly salary (Kshs.96,452.83/=)

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, "Ratemo v Seventh Day Adventist Church Central Rift Valley Conference (Employment and Labour Relations Cause E012 of 2024) [2025] KEELRC 1771 (KLR)", Case Analysis (2025). Not stated in the judgment (Statement of Claim dated 6th February 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1771/eng@2025-06-18

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