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ELRCPartially AllowedPetition dated 5th December 2024

Sikuku v Kenya National Trading Corporation (KNTC) (Employment and Labour Relations Petition E203 of 2024) [2025] KEELRC 2014 (KLR)

Employment and Labour Relations Court
30 June 2025
6,375 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~26 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled you cannot dismiss an employee on grounds never listed in their show cause letter, awarding damages for the unfair process.

What this practically means

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Executive summary

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The petitioner, formerly employed as Supply Chain Management and Logistics Manager at Kenya National Trading Corporation on a five-year contract from 1 September 2022, challenged his summary dismissal by letter dated 6 March 2024 following disciplinary proceedings arising from the importation of food commodities intended to stabilise prices of essential goods. He was served with a notice to show cause raising three allegations relating to irregular tender evaluation, false statements and negligence of duty, and was heard by a Board Ad-hoc Committee on 22 and 23 February 2024. The dismissal letter, however, found him culpable of ten grounds of gross misconduct. He petitioned for declarations of violation of Articles 41, 47 and 50, reinstatement, damages and withheld salary. The respondent defended the dismissal, alleging procurement irregularities causing losses of Kshs 9 billion, and argued the petition was premature for failure to appeal to the Public Service Commission. The court framed three issues: validity of reasons for dismissal, infringement of constitutional rights, and entitlement to remedies. It held that dismissing the petitioner on ten grounds when only three charges were put to him violated fair hearing and fair labour practices, adopting the principle in Evans Nyangwono Monda v Kenya Pipeline Company Ltd. The court issued declarations of violation, awarded Kshs 3 million damages, ordered payment of all withheld salary and benefits, and awarded costs plus interest. Reinstatement was not granted.

Questions the Court framed

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

  1. 1.Whether there were valid reasons to warrant the petitioner's dismissal
  2. 2.Whether the petitioner's constitutional rights were infringed upon by respondents
  3. 3.Whether the petitioner is entitled to the remedies sought

Key legal issues

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01

Validity of dismissal on grounds not in the show cause letter

Holding

The dismissal was unfair because the petitioner was served with three charges but found culpable of ten grounds that were never presented to him for a response

Reasoning

The show cause letter dated 23 January 2024 set out three allegations. The summary dismissal letter of 6 March 2024 found the petitioner culpable of ten charges, seven of which could not be traced to the original notice. Following the precedent in Evans Nyangwano Monda v Kenya Pipeline Company Ltd, introducing new allegations after the hearing violates fair hearing and section 41 of the Employment Act, breaching Articles 41, 47 and 50 of the Constitution.

p. 12
02

Infringement of constitutional rights

Holding

The petitioner was subjected to an unfair disciplinary process and his constitutional rights under Articles 41, 47 and 50 were infringed

Reasoning

Article 41 guarantees fair labour rights including fair hearing; Article 50(1) guarantees a fair hearing before an independent body; Article 50(2)(b) requires that a person be informed of the charge with sufficient detail to answer it. Finding the petitioner culpable of uncharged grounds breached these guarantees.

p. 12
03

Jurisdiction/exhaustion of internal remedies

Holding

The court entertained the petition notwithstanding failure to appeal to the Public Service Commission, the grievance being the legality and constitutionality of the dismissal

Reasoning

The petitioner argued that exhaustion is subject to exceptions and that a challenge to the legality of the entire action does not fall within PSC's jurisdiction, relying on NASA and Khaemba. The court did not dismiss the petition on exhaustion grounds and proceeded to determine it on the merits.

p. 6

Legal principles established

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  • Introduction of new allegations or reasons for dismissal at the disciplinary hearing or in the dismissal letter after the hearing amounts to violation of fair hearing and fair labour practices under section 41 of the Employment Act
  • Where minutes of a disciplinary hearing are not produced, an employee cannot be assumed to have been put to task over charges beyond those in the show cause letter

Court orders

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  1. 1.A declaration that the respondents subjected the petitioner to a flawed disciplinary process as per articles 41, 47 and 50 of the constitution
  2. 2.A declaration that by introducing and dismissing the petitioner on ten grounds of gross misconduct outside the three charges cited in his show cause letter, the respondent violated the petitioner's right to fair labour practices, fair administrative action and fair hearing under articles 41, 47 and 50 of the Constitution
  3. 3.An order directing the respondents to pay the petitioner 3 million as damages for violating his constitutional rights
  4. 4.An order directing the respondents to pay the petitioner all and any salary and benefits withheld as a result of the unlawful and unfair termination of his employment
  5. 5.The respondents to pay costs of this suit plus interest at court rates with effect 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

Jurisdiction invoked
Articles 41, 47 and 50 of the Constitution; Employment and Labour Relations Court jurisdiction over employment and constitutional rights disputes

Relief refused

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Reinstatement without loss of job rank, salary and remuneration

Reinstatement was not among the orders granted by the court in the disposition; only declarations, damages, withheld salary and costs were ordered

Nullification of termination as null and void ab initio

The court granted declarations of flawed process rather than a declaration that the termination was null and void ab initio

Costs

The respondents to pay costs of this suit plus interest at court rates with effect from the date of the 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.

Having found as above, I return the verdict for the petitioner as follows:
p. 12Disposition
An order directing the respondents to pay the petitioner 3 million as damages for violating his constitutional rights.
p. 12Final orders - damages
The respondents to pay costs of this suit plus interest at court rates with efiect from the date of this judgement.
p. 12Final orders - costs and interest
In the letter of summary dismissal however, the petitioner is found culpable on 10 charges which were originally never presented to him.
p. 12New grounds of dismissal
introduction of new allegations or reason for dismissal at the disciplinary hearing or in the dismissal letter after the hearing amounts to violation of fair hearing.
p. 12Fair hearing doctrine (adopted from Evans Nyangwano Monda)

Issues in the judgment

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minor

Judgment appears to misidentify the petitioner's claim regarding parties elsewhere in related proceedings, referring to 'the Respondent and other Petitioners' in Nairobi ELRC Petition No. E059 of 2024

minor

Reinstatement (mandamus) sought in the petition is not expressly addressed or refused in the disposition

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, "Sikuku v Kenya National Trading Corporation (KNTC) (Employment and Labour Relations Petition E203 of 2024) [2025] KEELRC 2014 (KLR)", Case Analysis (2025). Petition dated 5th December 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2014/eng@2025-06-30

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