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ELRCDismissedNot stated in the judgment provided

Olwero v County Assembly of Siaya & another (Cause E040 of 2024) [2025] KEELRC 1797 (KLR)

Employment and Labour Relations Court
19 June 2025
2,418 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 former Siaya County Assembly Clerk lost his unfair termination case in Kisumu because he skipped his own disciplinary hearing and hid a self-processed loan in his assets declaration.

What this practically means

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Executive summary

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The Claimant, former Clerk of the County Assembly of Siaya, sued alleging unlawful termination of his employment. He contended that a loan of Kshs. 2,000,000/- he obtained under the County Assembly loan scheme, approved by the Chairperson of the County Assembly Service Board following an SRC circular, was valid; that he was suspended for three months on half salary which was unlawfully extended; and that after fresh disciplinary proceedings before a Select Committee held in his absence on 30th April 2024 (he having been in an accident), his appointment was revoked. He sought reinstatement or twelve months' compensation, notice pay, withheld salary and allowances, and staff welfare shares. The Respondents maintained the loan was illegal and unprocedural - ineligible under the Siaya County Assembly Loans and Mortgage Fund Act, lacking board approval, security, insurance and disclosure - and that the Claimant was accorded a fair hearing. The court, having identified three issues (valid reason for revocation, fair hearing, entitlement to relief), found the Claimant had opportunity to exonerate himself but declined to appear physically, virtually or through counsel, without medical proof of indisposition. It held the Claimant had concealed the loan in his assets declaration form and processed it to himself, contrary to the rule that no one should be a judge in their own cause, and that he did not prove malice or improper motive. The claim was dismissed, but, in view of the Claimant's suffering since losing his position, no costs were awarded against him. All seven authorities cited were party citations; none was expressly adopted by the court.

Questions the Court framed

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

  1. 1.Whether there was a valid and fair reason to revoke the Claimant's appointment
  2. 2.Whether the Claimant was accorded a fair hearing before the Select Committee
  3. 3.Whether the Claimant is entitled to the relief sought in the amended claim

Key legal issues

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01

Whether there was valid and fair reason to revoke the Claimant's appointment

Holding

Yes - the Claimant concealed the loan in his assets declaration form and processed the loan to himself contrary to policy, justifying disciplinary action

Reasoning

The court found the Claimant susceptible to disciplinary action for misconduct: he concealed the loan by not declaring it in his assets declaration form and processed the loan to himself, contrary to the principle that no one should be a judge in their own cause. Although acknowledging the process could be a witch-hunt, the court held the misconduct was established and the Claimant failed to prove malice or improper motive, so the revocation stood.

p. 5
02

Whether the Claimant was accorded a fair hearing before the Select Committee

Holding

Yes - he was given opportunity to appear physically, virtually or through counsel and declined

Reasoning

The court found the Claimant had a genuine opportunity to exonerate himself but declined to participate: he failed to appear physically, virtually, or through counsel for the hearing. His assertion of illness was unsupported by medical evidence. The court concluded he had consistently frustrated the disciplinary process and therefore the hearing was fair despite his absence.

p. 5
03

Whether the Claimant is entitled to the reliefs sought

Holding

No - the entire claim was dismissed, but no costs were awarded against him in view of his suffering

Reasoning

Having found valid reason for the revocation and a fair hearing, the court dismissed the claims for reinstatement, twelve months' compensation, notice pay, withheld salary and allowances. Notwithstanding the dismissal, the court, acknowledging the suffering the Claimant had undergone since losing his position, exercised discretion to deny the Respondents costs against him.

Legal principles established

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  • A litigant who does not prove malice and improper motive in an unfair termination claim fails in that claim
  • An employee should not be a judge in their own cause, such as where he processes a loan to himself
  • The scope of a Select Committee of the house's investigation has no prescribed procedure governing the depth or extent of its inquiry

Court orders

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  1. 1.The suit was dismissed
  2. 2.No costs awarded against the Claimant - each party to bear own costs as the court directed there would be no costs against the Claimant

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over unfair termination claim (Employment Act; County Assembly Services Act invoked in submissions)

Relief refused

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Reinstatement to the position of Clerk of the County Assembly

Not practicable as the position had been filled; and the Claimant failed to prove the termination was unfair

p. 5

Twelve months' gross salary compensation for unfair termination

Claim of unfair termination failed; Claimant did not prove malice or improper motive

p. 5

Three months' salary in lieu of notice, withheld salary and allowances of Kshs. 11,378,000/- and staff welfare shares of Kshs. 102,000/-

Claim dismissed; suspension held lawful and Claimant found culpable of misconduct

p. 5

Costs

No costs against the Claimant - 'for the suffering he has undergone since he lost his position at the County of Siaya, there will be no costs against him.' Orders accordingly.

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 would find he did not prove malice and improper motive in the case before me and therefore it suffers the fate of dismissal.
p. 5Failure to prove malice - dismissal of claim
One ought not be a judge in their own cause.
p. 5Bias - employee processing loan to himself
The scope of the Respondents' Select Committee's investigation has no prescribed procedure that governs either the depth or extent of the Committee's inquiry.
p. 5Scope of Select Committee inquiry
for the suffering he has undergone since he lost his position at the County of Siaya, there will be no costs against him.
Costs order - final orders
It was clear he did not wish to participate as the Claimant failed to appear physically, virtually, or through Counsel for the hearing.
p. 5Fair hearing opportunity declined
Orders accordingly.
p. 5Disposition

Issues in the judgment

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minor

Respondents and parties are referred to generically; the specific names and numbers of the 1st and 2nd Respondents are not identified in the judgment text provided

minor

Case number and neutral citation not stated in the judgment text provided

minor

Repayment figure appears inconsistently between pleadings (Kshs. 1,250,000/-) and submissions (Kshs. 1,200,000/-)

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, "Olwero v County Assembly of Siaya & another (Cause E040 of 2024) [2025] KEELRC 1797 (KLR)", Case Analysis (2025). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1797/eng@2025-06-19

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