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ELRCPartially AllowedNot stated in the judgment as provided

Kibiro v Ole-Sereni (Employment and Labour Relations Cause E741 of 2022) [2025] KEELRC 2076 (KLR)

Employment and Labour Relations Court
15 July 2025
3,829 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that an employer's unfair disciplinary process amounted to constructive dismissal, awarding the former HR manager over Kshs 5.4 million.

What this practically means

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Executive summary

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The Claimant, formerly the Respondent hotel's Human Resource Manager, claimed he was constructively dismissed after friction with his line manager over recruitment decisions. He was suspended and issued a notice to show cause over sexual harassment complaints by unnamed staff ('X', 'Y', 'Z' and 'K'). He sought details of the complainants, signed statements, the investigation report and company policies, and objected to being referred to the Respondent's General Counsel for the material. Before responding, and despite being granted extensions, he resigned on 18th October 2019, citing the baseless allegations and the intimidating process. The Respondent maintained the disciplinary process was lawful, that documents were supplied and acknowledged, and that the resignation was voluntary, disentitling him to notice pay or compensation. The court framed two issues: whether the claimant was constructively terminated, and his entitlement to remedies. Relying on Section 41 of the Employment Act and Section 6 of the Fair Administrative Action Act, the court found no evidence that the requested documents were ever supplied, that faceless accusers made it impossible to respond, and that the flawed process denied the claimant an opportunity to defend himself. It held the Respondent's conduct pushed the claimant to resign, amounting to constructive termination. The court awarded six months' salary compensation (computed as Kshs 3,360,000), service pay of Kshs 1,260,000 and two months' notice pay (Kshs 820,000), totalling Kshs 5,416,000 less statutory deductions, plus costs and interest at court rates from the date of judgment.

Questions the Court framed

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

  1. 1.Whether the claimant was constructively terminated
  2. 2.Whether the claimant is entitled to the remedies sought

Key legal issues

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01

Whether the claimant was constructively dismissed

Holding

The respondent's flawed disciplinary process, use of faceless accusers and failure to supply requested documents pushed the claimant to resign, amounting to constructive dismissal

Reasoning

The claimant was suspended and issued a notice to show cause over sexual harassment complaints by unnamed staff. He sought details, signed statements and policies; the court found no evidence the requested documents were ever supplied. Referring him to the respondent's counsel was improper. Section 41 of the Employment Act and Section 6 of the Fair Administrative Action Act required disclosure of relevant information, and the failure denied him a fair opportunity to defend himself.

p. 8
02

Whether the claimant is entitled to remedies

Holding

The claimant was awarded 6 months' salary compensation, service pay and 2 months' notice pay, plus costs and interest

Reasoning

Having found constructive termination, the court awarded compensation of six months' salary for the unfair treatment and denial of an opportunity to present his case, service pay of Kshs 1,260,000, and two months' salary as notice pay, less statutory deductions, with costs and interest at court rates from the date of judgment.

p. 8

Legal principles established

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  • Where an employer follows a flawed disciplinary process and denies the employee information necessary to defend himself, such conduct may push the employee to resign and amount to constructive dismissal
  • An employee facing disciplinary action is entitled to be supplied with the evidence against him, including the identities of accusers, to allow him respond

Court orders

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  1. 1.6 months' salary as compensation for unfair treatment: Kshs 3,360,000
  2. 2.Service pay of Kshs 1,260,000
  3. 3.2 months' salary as notice pay: Kshs 820,000 (total Kshs 5,416,000 less statutory deductions)
  4. 4.Respondent to pay costs of the suit plus interest at court rates from the date of judgment

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 under the Employment and Labour Relations Court Act (costs under Section 12(4) invoked); first-instance employment claim

Relief refused

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12 months' salary compensatory damages as urged by the Claimant

The court awarded 6 months instead, based on the unfair treatment and denial of opportunity to be heard

p. 8

Costs

The respondents will also pay costs of this suit plus interest at court rates with effect 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.

It is therefore my finding that the respondent’s action pushed the claimant to actually resign and thus he was constructively terminated.
p. 8Constructive dismissal finding
It is unfortunate that in this case, the claimant was given statements of faceless persons as his accusers and it was indeed difficult to respond to accusations against him.
p. 7Right to know one's accusers in disciplinary process
The respondents will also pay costs of this suit plus interest at court rates with effect from the date of this judgment.
p. 8Final orders - costs and interest
Total kshs 5,416,000/- less statutory deductions.
p. 8Final orders - quantum of award

Issues in the judgment

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minor

Employment date stated as 1st July 2024 although the claimant resigned in October 2019, an evident chronological error

material

Award computation inconsistent: 6 months' salary computed as 8x420,000 = 3,360,000

minor

Notice pay arithmetic inconsistent: 2 months' salary stated as 820,000/- whereas two months at 420,000 would be 840,000

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, "Kibiro v Ole-Sereni (Employment and Labour Relations Cause E741 of 2022) [2025] KEELRC 2076 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2076/eng@2025-07-15

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