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Case Brief · caselaw.co.ke
ELRCPartially AllowedELRC Cause No. E392 of 2025

Arunda Oludhe v Bridge International Academies Foundation

Employment & Labour Relations Court
8 October 2026
8,909 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~36 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled a teacher's dismissal unfair because his school never invited him to a disciplinary hearing or let him question his accusers.

What this practically means

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Executive summary

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The claimant, a teacher, sued the respondent for breach of employment contract, defamation and violation of constitutional rights arising from his summary dismissal on 19th September 2024 for allegedly administering corporal punishment on a Grade 1 pupil. He sought declarations, expungement of the dismissal record, notice pay, accumulated remuneration, damages for defamation and constitutional violations, and various benefits, totalling about Kshs 15.6 million. The respondent denied the claim, asserting a lawful summary dismissal after a disciplinary hearing, and raised a preliminary objection that the claim fell within the Chief Magistrate's Court's pecuniary jurisdiction. The court found the claimant was employed from 2013, not 2023, based on a probation completion letter and pay slip. On jurisdiction, it conceded the magistrate's court was the lawful forum but proceeded anyway, citing the claimant's pauper status and the ELRC's 'inherent jurisdiction'. On the merits, it found no letter inviting the claimant to the disciplinary hearing of 18th September 2024 was served, no witnesses were called and heard, and the claimant was never given the opportunity to hear and cross-examine his accusers. The disciplinary procedure was therefore flawed and the findings of culpability rested on non-existent evidence, rendering the termination unfair and unjustified under Section 45(2) of the Employment Act. The court awarded one month's salary in lieu of notice (Kshs 17,482) and 10 months' compensation for unfair termination (Kshs 174,820), totalling Kshs 192,302 less statutory deductions, ordered issuance of a certificate of service, and awarded the claimant costs plus interest at court rates. The numerous other heads of claim, including defamation and constitutional compensation, were 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 the court should exercise jurisdiction over a claim within the magistrate's court pecuniary jurisdiction
  2. 2.Whether the respondent had a valid and fair reason to summarily dismiss the claimant
  3. 3.Whether the respondent complied with the procedural fairness requirements of Section 41 of the Employment Act
  4. 4.Whether the claimant proved defamation, constitutional violations or unfair labour practices
  5. 5.Whether the claimant is entitled to the remedies sought

Key legal issues

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01

Date of commencement of employment

Holding

The claimant's employment commenced in 2013, not 2023 as the respondent pleaded

Reasoning

There was no contract exhibited to support either party's contention on the start date. The claimant produced a pay slip of August 2024 and a letter of 16/2/2017 confirming completion of probation, which made the respondent's averment of employment in 2023 unsustainable. The court adopted 2013 as the start date as submitted by the claimant.

p. 41
02

Jurisdiction of the ELRC over a claim within the magistrate's court limit

Holding

The court proceeded to determine the claim despite conceding the Chief Magistrate's Court was the lawful forum

Reasoning

The respondent raised a preliminary objection that under Legal Notice No. 6024 of 2018 the claim, given the salary of Kshs 17,482, ought to be referred to the Chief Magistrate's Court. The court agreed the CMS court would have been the lawful court but invoked the claimant's pauper status and the ELRC's inherent jurisdiction to dispose of the cause in the interest of justice.

p. 42
03

Procedural fairness under Section 41 of the Employment Act

Holding

The disciplinary procedure was flawed; no invitation letter to the hearing was served and the claimant was not given the chance to hear and cross-examine his accusers

Reasoning

The respondent produced Exhibit 8, a general records book dated 18/9/2024, but no letter inviting the claimant to the disciplinary hearing of 18/9/2024. There was no indication witnesses were called and heard, and no evidence the pupil was called as a witness. The claimant was therefore denied the opportunity to hear evidence from his accusers and cross-examine them, rendering the procedure non-compliant with Section 41.

p. 43
04

Validity of the reason for termination

Holding

The reason for termination was not proved; the findings of culpability rested on non-existent evidence

Reasoning

Under Section 45(2) the employer must prove a valid and fair reason and a fair procedure. RW1 conceded he had no picture of the claimant administering corporal punishment, and the disciplinary minutes could not be accounted for by the respondent. With the procedure flawed and the reason unproved, the summary dismissal for alleged corporal punishment was unfair and unjustified.

p. 44
05

Remedies for unfair termination

Holding

Notice pay of one month and 10 months' salary as compensation for unfair termination were awarded, taking into account long service and difficulty of re-employment

Reasoning

The court awarded one month's salary in lieu of notice (Kshs 17,482) and 10 months' compensation (Kshs 174,820), citing the claimant's long service and his inability to secure another job given his age. The other heads of claim, including defamation and constitutional compensation, were not granted despite the broad prayers.

p. 44

Legal principles established

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  • An employer must serve a letter inviting the employee to a disciplinary hearing; a general records book without an invitation letter does not satisfy Section 41
  • An employee must be given an opportunity to hear evidence from his accusers and cross-examine them before culpability is found
  • Where procedure is flawed and the reason for termination is not proved, the termination is unfair under Section 45(2)

Court orders

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  1. 1.One month's salary in lieu of notice of Kshs 17,482
  2. 2.10 months' compensation for unfair termination of Kshs 174,820 (17,482 x 10)
  3. 3.Total award of Kshs 192,302 less statutory deductions
  4. 4.The claimant be issued with a certificate of service
  5. 5.The 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
The court invoked 'the inherent jurisdiction of the ELRC to handle all ELRC case' despite conceding the magistrate's court was the lawful forum under Legal Notice No. 6024 of 2018

Relief refused

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Declarations that the disciplinary action did not terminate the contract and that the dismissal record be struck off

Court found the termination unfair but did not grant the declaratory reliefs or order expungement of the record

Damages for defamation (Kshs 3,000,000 per instance)

Not addressed in the court's findings; no defamation award made

Compensation for violation of fair administrative action, dignity and unfair labour practices (Kshs 2,100,000+)

Constitutional and unfair labour practice claims not adjudicated upon in the final orders

Long service leave of Kshs 17,482

Claimant conceded he never applied for long service leave

Relocation subsidy of Kshs 9,000

Claimant conceded his transfer was within Nairobi County

Accumulated remuneration from September 2024 and Employee Child Benefit

Not granted; only notice pay and 10 months' compensation awarded

Aggravated damages of Kshs 100,000 and reimbursement of Kshs 18,000

Not addressed in the final orders

Costs

The respondent will 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.

However, given the pauper status of the claimant and given the inherent jurisdiction of the ELRC to handle all ELRC case, I will proceed and dispose of this cause in order to allow justice to prevail.
p. 42Jurisdiction - ELRC retaining a claim within magistrate's court limit
there is no any letter served upon the claimant inviting him to any disciplinary hearing on 18/9/2024. There is no indication that witnesses were even called and heard.
p. 42Section 41 procedural fairness - absence of hearing invitation
Given this scenario I find that the disciplinary procedure was flawed and the findings of culpability were based on none existent evidence.
p. 43Flawed disciplinary process
Given the lack of procedural propriety, the existence of valid reason that would have led to termination were found non existent, I therefore find the termination of the claimant was unfair and unjustified.
p. 44Unfair termination under Section 45(2)
(1) 1 months salary in lieu of notice = kshs 17,482/-. (2) Given the long service of claimant with the respondent, and his inability to get another job given his age, I award him 10 months compensation for unfair termination= 17482x10= kshs 174,820
p. 44Final orders - remedies awarded
(4) The respondent will pay costs of this suit plus interest at court rates with effect from the date of this judgment.
p. 44Final orders - costs and interest

Issues in the judgment

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material

Court concedes CMS was the lawful forum but retains jurisdiction on 'pauper status' and 'inherent jurisdiction' without legal basis

minor

Court records two different gross pay figures and awards on the higher one without reconciling them

material

Numerous pleaded heads of claim (defamation, constitutional violations, expungement) are neither analysed nor expressly disposed of in the judgment

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, "Arunda Oludhe v Bridge International Academies Foundation", Case Analysis (2026). ELRC Cause No. E392 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2780/eng@2026-10-08

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