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ELRCPartially AllowedNot stated in judgment

Mwani v Rupia Micro Credit Limited (Employment and Labour Relations Cause E749 of 2022) [2025] KEELRC 2516 (KLR)

Employment and Labour Relations Court of Kenya
25 September 2025
2,043 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled an employee's same-day suspension and firing without a hearing was unfair, awarding him eight months' salary plus notice pay and costs.

What this practically means

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Executive summary

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The Claimant, employed by the Respondent as an Accounts Assistant from 19th June 2021 at a monthly salary of Kshs. 22,650, sued for unlawful and wrongful termination. He averred that he applied for sick leave on 1st August 2022 to undergo surgery at Kakamega Teaching and Referral Hospital, was suspended without pay by letter dated 13th August 2022, and was terminated on 31st August 2022 without notice or a hearing. He sought a declaration of unlawful termination, twelve months' salary as compensation, notice pay, unpaid August 2022 salary, exemplary damages, a certificate of service and costs. The Respondent contended that the Claimant never sought leave, that his medical documents were forged, and that he absconded duty to work for the IEBC in Shinyalu Constituency. In evidence, the Respondent's witness admitted serving the Claimant with suspension and termination letters on the same day, and that he was never invited to a disciplinary hearing. The court found the forgery allegation unproved as no hospital witness testified. Holding that the Claimant was condemned unheard contrary to Section 41 of the Employment Act and that the Respondent failed to establish valid reasons under Section 45(2), the court found the termination unfair and unjustified. It awarded one month's salary in lieu of notice, unpaid August 2022 salary, eight months' salary as compensation for unfair termination (total Kshs. 226,500 less statutory deductions), a certificate of service, and costs plus interest.

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's employment was unfairly terminated
  2. 2.Whether the Claimant is entitled to the compensation sought
  3. 3.Who bears the costs of the suit

Key legal issues

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01

Whether the termination of the Claimant's employment was unfair and unjustified

Holding

The termination was unfair and unjustified as the Claimant was condemned unheard and no valid reason for the termination was established

Reasoning

The Respondent admitted issuing both the suspension and termination letters on the same day without affording the Claimant an opportunity to be heard. No disciplinary hearing was convened. The allegation that the Claimant forged sick-leave documents was not proved because no hospital witness was called. Section 41 required an explanation and hearing, and Section 45(2) required proof of valid reason and fair procedure, neither of which was met.

p. 5
02

Whether the Respondent proved forgery of the medical documents

Holding

The allegation of forgery failed as mere allegation unsupported by evidence

Reasoning

The Respondent asserted that the sick sheet from Kakamega County General Teaching and Referral Hospital was a forgery, but called no witness from the hospital to confirm this, even though the hospital had allegedly denied the Claimant was a patient. Without such evidence the forgery claim remained unproved.

p. 4
03

Whether the Claimant was entitled to the reliefs claimed

Holding

The Claimant was awarded one month's salary in lieu of notice, unpaid August 2022 salary, eight months' salary as compensation for unfair termination, and a certificate of service

Reasoning

Having found the termination unfair, the court granted the equivalent of eight months' salary as compensation rather than the twelve months claimed, together with notice pay and unpaid salary, and a certificate of service as of right. Exemplary damages were not awarded.

p. 5

Legal principles established

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  • An employer must, before terminating employment on grounds of misconduct, poor performance or physical incapacity, explain the reasons to the employee and afford them a hearing as required by Section 41 of the Employment Act
  • A termination is unfair where the employer fails to prove a valid and fair reason and a fair procedure under Section 45(2) of the Employment Act

Court orders

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  1. 1.One month's salary in lieu of notice of Kshs. 22,650/-
  2. 2.Unpaid August 2022 salary of Kshs. 22,650/-
  3. 3.Compensation for unfair termination equivalent to 8 months' salary, Kshs. 181,200/- (total Kshs. 226,500/- less statutory deductions)
  4. 4.Issuance of a certificate of service to the Claimant
  5. 5.Respondent to pay costs of the suit plus interest at court rates with effect 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 Act, No. 11 of 2007 (claim for unfair and wrongful termination under Sections 41, 43, 45 and 46 and Articles 28, 41(1), 47, 48 and 50(1) of the Constitution of Kenya, 2010)

Relief refused

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Twelve months' salary as compensation for unlawful termination (Kshs. 271,800/-)

Court awarded only eight months' salary as compensation for unfair termination

p. 5

Exemplary damages for breach of constitutional rights

Not granted in the final orders; no award of exemplary or aggravated damages made

p. 5

Costs

Respondent to pay costs of the 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.

The claimant having been terminated without any fair hearing and without establishing the validity of reasons leading to his termination, it is my finding that his termination was unfair and unjustified and I decree so.
p. 5Unfair termination - absence of fair hearing and valid reason
There was however, no witness called from the hospital to confirm that the documents were a forgery. The allegation of the claimant forging documents therefore remain as just mere allegations.
p. 4Burden of proof - unproved allegation of forgery
Compensation for unfair termination equivalent to 8 months' salary = 8x 22,650= kshs181,200/Total kshs 226,500/- less statutory deductions
p. 5Final orders - compensation awarded
Respondent to pay cost of this suit plus interest at court rates with efiect from date of this judgment.
p. 5Final orders - costs and interest

Issues in the judgment

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minor

Judgment text contains typographical errors, e.g. 'efiect' and 'fioor'

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, "Mwani v Rupia Micro Credit Limited (Employment and Labour Relations Cause E749 of 2022) [2025] KEELRC 2516 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2516/eng@2025-09-25

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