Masire v Kenya Power & Lighting Company Limited (Cause 62 of 2022) [2025] KEELRC 2189 (KLR)
The bottom line
#Kenya's Employment Court upheld Kenya Power's summary dismissal of an artisan for failing to return company meters, while rejecting the bribery charge for lack of evidence.
What this practically means
#Executive summary
#Key legal issues
#Justification of summary dismissal under section 44 of the Employment Act
The dismissal was justified on the second charge: the claimant failed to return meters collected from stores and could not account for one, amounting to negligence and gross misconduct
The court found the first charge on receiving payments for irregular rebilling unsubstantiated, as the link between the payments and the claimant and the underlying accounts were unclear. However, the claimant admitted failing to return meters No. 060946719 and 060929223 to the stores due to being overwhelmed by work. Given his poor disciplinary record and the seriousness of failing to account for work tools, summary dismissal under section 44 was justified.
Substantiation of the allegation of receiving Ksh.77,965 for irregular complimentary rebilling
That charge was unsubstantiated; the connection between payments and the claimant, and the alleged agent Crispus Mwaniki Maina, was not established
The court noted the audit did not establish who Crispus Mwaniki Maina was, whether he was ever held accountable, and the accounts allegedly irregularly rebilled were never reviewed. The evidence linking the claimant to the payments was therefore lost and the charge could not stand.
Procedural fairness under section 41 of the Employment Act
Due process was followed: show cause notice, disciplinary hearing with union representation, and right of appeal were accorded
The respondent's evidence showed the claimant was issued a show cause notice dated 18 December 2019, responded on 23 December 2019, attended a disciplinary hearing with his union representative, was found culpable, and was allowed a right of appeal which he pursued without raising new issues.
Legal principles established
#- Summary dismissal is the most severe sanction and should only issue in the clearest cases of gross misconduct
- An employee who fails to account for work tools collected from stores commits a serious breach justifying summary dismissal
Court orders
#- 1.The claim is dismissed
- 2.Each party to bear its own costs
- 3.Declaration that the claimant owes the respondent Ksh. 276,400.40
- Jurisdiction invoked
- First-instance employment and labour relations jurisdiction (Employment Act; Employment and Labour Relations Court) - no specific provision stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masire v Kenya Power & Lighting Company Limited (Cause 62 of 2022) [2025] KEELRC 2189 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2189/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.