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ELRCDismissedNot stated in judgment (plaint dated 9th January 2021)· [2025] KEELRC 2817 (KLR)

Kora v Kenya Kazi Services Limited (Employment and Labour Relations Cause E324 of 2021) [2025] KEELRC 2817 (KLR)

Employment and Labour Relations Court
21 October 2025
HWHellen Wasilwa
1,689 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed that an employer can fairly dismiss a driver for gross misconduct if there is a valid reason and a fair disciplinary process.

What this practically means

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Executive summary

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The plaintiff, employed by the defendant as a driver from March 2014 until his summary dismissal on 9th May 2019, sued challenging his dismissal. He claimed the disciplinary process was unprocedural, unfair and unlawful, and sought terminal dues, salary to retirement, general damages, costs and interest. The dismissal arose from a road traffic accident on 25th April 2019 along Lusaka Enterprise Road while he was driving vehicle KBW 348U deploying security dogs, in which he collided with a motorbike, injuring the rider and pillion passenger, and one of the defendant's dogs escaped. The defendant contended the claimant drove on the wrong lane negligently, constituting gross misconduct, and that due process was followed through a show cause notice, disciplinary hearing and appeal, and that all terminal dues were paid. In evidence, the claimant admitted the police abstract indicated he was to blame and admitted driving on the wrong side of the road, and that he was subjected to an internal disciplinary hearing and an unsuccessful appeal. The defendant's fleet officer testified but conceded he had no traffic training. The court found the defendant had a valid reason to dismiss the claimant and that the disciplinary process was fair. The claim was dismissed in its entirety with no order of costs, dated, signed and delivered virtually at Nairobi on 21st October 2025 by Hellen Wasilwa, Judge.

Key legal issues

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01

Whether the summary dismissal of the claimant for gross misconduct following a road traffic accident was fair

Holding

The dismissal was fair; the claimant admitted driving on the wrong side of the road and being to blame per the police abstract, giving the employer a valid reason, and the claimant was given a show cause notice, a disciplinary hearing and an appeal

Reasoning

The court noted the claimant's own admissions in cross-examination: that the police abstract showed he was to blame, that he drove on the wrong side of the road, and that he was subjected to an internal disciplinary hearing before dismissal. These admissions established both the validity of the reason for termination (gross misconduct through negligent driving) and procedural fairness (notice, hearing and appeal), satisfying the requirements of Sections 41, 43 and 45 of the Employment Act.

p. 4
02

Whether the outcome of a criminal or traffic process affects an employer's internal disciplinary proceedings

Holding

As submitted by the defendant and not disturbed, the absence of criminal charges does not invalidate an employer's internal dismissal decision

Reasoning

The defendant relied on authority that criminal proceedings are not binding on an employer's internal proceedings. The court's finding that a valid reason existed rested on the claimant's admissions and internal investigation, independent of any criminal charge being preferred against him.

p. 4

Legal principles established

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  • An employer who establishes a valid reason for termination and follows a fair disciplinary process under the Employment Act does not unfairly dismiss the employee

Court orders

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  1. 1.The claim is dismissed
  2. 2.No order of costs

Authorities

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Legislation

  • Employment ActSections 41, 43, 45, 47(5)
  • Traffic ActSection 47

Cases cited (4)

  • Munya v Kithinji & 2 others
    [2014] KECA 876 (KLR)
  • Pius Machafu Isindu v Lavington Security Guards Limited
    (2017) eKLR
  • Maina Mwangi v Thika Coffee Mills Limited
    (2014) 599 (KLR)
  • Omondi v Kenya Power & Lighting Company Limited
    (2025) KEELRC 1823 (KLR)
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court

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, "Kora v Kenya Kazi Services Limited (Employment and Labour Relations Cause E324 of 2021) [2025] KEELRC 2817 (KLR)", Case Analysis (2025). Not stated in judgment (plaint dated 9th January 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2817/eng@2025-10-21

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