Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in the judgment

Koech v Ekatera Tea Kenya PLC (Cause E029 of 2023) [2025] KEELRC 1995 (KLR)

Employment and Labour Relations Court
4 July 2025
4,526 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~18 min to read original · ~4 min brief

The bottom line

#

A Kenyan court dismissed a long-serving manager's unfair dismissal claim because his employer proved both a genuine reason for firing and a fair disciplinary process.

What this practically means

#

Executive summary

#
The Claimant, employed by the Respondent from April 1999 and rising to Maintenance Manager, was summarily dismissed on 20 September 2023 following a boiler breakdown at Jamji Factory and allegations of neglect of fleet maintenance. He claimed a declaration of unfair termination, service pay of Kshs.2,076,564, twelve months' salary compensation, general and exemplary damages, interest, and a certificate of service. The Respondent maintained that the dismissal was for gross misconduct under section 44 of the Employment Act, that both substantive and procedural fairness were observed, and that a certificate of service had been issued. The court framed three issues: whether the Respondent followed due process; entitlement to relief; and costs. Applying the twin requirements of substantive justification and procedural fairness from Walter Ogal Anuro, Echwa and Ndugu Transport, and the partly subjective section 43 test from Kenya Power v Aggrey Lukorito Wasike, the court found the reasons for dismissal valid: the Claimant had neglected boiler and fleet maintenance despite a May 2023 inspection report. On procedure, the Claimant received two notices to show cause, responded to both, and participated in a disciplinary hearing on 5 September 2023 accompanied by a representative, satisfying section 41 and the Chitavi criteria. The court held the dismissal lawful and procedural, dismissed the entire claim, ordered each party to bear their own costs, and directed the Respondent to issue the certificate of service within 30 days.

Questions the Court framed

#

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

  1. 1.Whether the Respondent followed due process in terminating the Claimant
  2. 2.If (i) above is in the negative, whether the Claimant is entitled to the relief sought
  3. 3.Who should bear costs of the suit?

Key legal issues

#
01

Whether the Respondent had valid and justifiable reasons for the summary dismissal

Holding

The court found the reasons reasonable and valid under section 45(1) and (2)

Reasoning

The Claimant, as Maintenance Manager, was responsible for boiler and fleet maintenance. A May 2023 inspection report flagged an abnormality in the JTA Boiler ID fan, which broke down for six hours in August 2023; vehicles also went unrepaired. The court held these reasons passed the validity test, applying the partly subjective test in Kenya Power & Lighting Co Ltd v Aggrey Lukorito Wasike.

p. 8
02

Whether the Respondent followed a fair procedure under sections 41 and 45 of the Employment Act

Holding

Procedure was fair: two show cause notices, responses considered, and a disciplinary hearing attended with a representative

Reasoning

The Claimant was informed of the charges via two notices to show cause, responded to both, and attended a disciplinary hearing on 5 September 2023 accompanied by Bernard Rono, whose presence and signature on the minutes the court noted. This satisfied the requirements of section 41 and the Chitavi ingredients of procedural fairness.

p. 9

Legal principles established

#
  • For a termination to pass the fairness test, it must be shown that there was not only substantive justification for the termination but also procedural fairness
  • The test under section 43 of the Employment Act is partly subjective; an employer need only prove reasons it genuinely believed to exist

Court orders

#
  1. 1.The Claimant's claim is dismissed
  2. 2.Each party will meet their costs of the suit
  3. 3.The Claimant to be given his certificate of service within 30 days

The bench

#

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

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (Employment and Labour Relations Court Act; Employment Act)

Relief refused

#

Declaration that the termination was unfair and/or unlawful

Court found reasons valid and procedure fair

p. 9

Service pay of Kshs.2,076,564

Claim dismissed in its entirety

p. 9

Twelve months' salary compensation for unfair termination

Claim dismissed in its entirety

p. 9

General, punitive, aggravated and exemplary damages

Claim dismissed in its entirety

p. 9

Certificate of service claim framed as withheld

Respondent asserted a certificate was issued; court ordered it be given within 30 days

p. 9

Costs

Each party will meet their costs of the suit

Quotable passages

#

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 finds the reasons given by the Respondent for dismissing the Claimant were reasonable.
p. 8substantive justification for termination
The reasons given pass the test for a valid reason as provided in Section 45(1) and (2) of the Employment Act.
p. 8valid reason under section 45
The disciplinary hearing took place on 5th September 2023 and the Claimant participated fully in the hearing.
p. 9procedural fairness
the court is convinced the Claimant was lawfully and procedurally terminated from his employment. His claim is therefore dismissed.
p. 9disposition
Each party will meet their costs of the suit.
p. 9costs
The Claimant to be given his certificate of service within 30 days.
p. 9certificate of service

Issues in the judgment

#
minor

Contradictory dates for the disciplinary hearing in the claimant's evidence: 'the disciplinary hearing took place on 9th September 2023' versus the pleadings and the court's own finding of 5th September 2023

minor

Misquotation of the Employment Act provision: the court reproduces section 41 of the Employment Act but labels it 'Section 4(1) of Employment Act'

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Koech v Ekatera Tea Kenya PLC (Cause E029 of 2023) [2025] KEELRC 1995 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1995/eng@2025-07-04

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