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MagistrateDismissedNot stated in the judgment

Ndeto v Siginon Group Ltd (Cause E572 of 2025) [2026] KEMC 155 (KLR)

Employment and Labour Relations Court
25 June 2026
1,234 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court ruled that an employer who followed fair disciplinary procedures and had evidence of misconduct lawfully dismissed an employee, whose defamation claim also failed.

What this practically means

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Executive summary

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The Claimant, an employee of the Respondent, sued by memorandum of claim dated 26th August 2025 seeking a declaration that his termination was unlawful, unfair and wrongful, compensation for unfair termination, damages for defamation, accrued dues, a certificate of service, costs and interest. The matter proceeded by way of pleadings, witness statements, documents and written submissions under Rule 59 of the Employment and Labour Relations Court (Procedure) Rules; the Respondent filed a response and witness statements but no submissions. The Court framed four issues: procedural fairness, valid and fair reason, defamation, and remedies. On procedure, it found that the Claimant was issued a notice to show cause, responded to it, and was accorded a disciplinary hearing with minutes produced, so the Section 41 Employment Act requirements were substantially complied with. On substance, applying the standard in Kenfreight (EA) Limited v Benson K. Nguti [2016] eKLR, the Court held the employer need only show reasonable and sufficient grounds for genuine belief in misconduct; GPS records, route logs, investigation reports and photographs established route deviation, entry into unauthorised premises in an area known for cargo pilferage, and admitted deviation, justifying loss of trust. The defamation claim failed for want of publication beyond the disciplinary process, the statements attracting qualified privilege. Judgment was entered for the Respondent on all heads save that the Respondent was ordered to issue a certificate of service within thirty days, with each party bearing its own costs.

Questions the Court framed

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

  1. 1.Whether the termination of the Claimant's employment was procedurally fair.
  2. 2.Whether the Respondent proved a valid and fair reason for termination.
  3. 3.Whether the Claimant proved his claim for defamation.
  4. 4.Whether the Claimant is entitled to the remedies sought.

Key legal issues

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01

Procedural fairness under Section 41 of the Employment Act

Holding

The minimum procedural requirements were substantially complied with; termination was not procedurally unfair.

Reasoning

The Claimant was issued a notice to show cause, responded to it, and attended a disciplinary hearing accompanied by a witness, with minutes produced. The Court found he was informed of the accusations, invited to respond and heard before the termination decision, satisfying Section 41.

p. 2
02

Valid and fair reason under Sections 43 and 45

Holding

The Respondent established a valid and fair reason for termination.

Reasoning

GPS tracking records, route logs, investigation reports and photographs showed the vehicle left the approved route, entered unauthorised premises in an area known for cargo pilferage, and the Claimant admitted the deviation. His explanation did not address entry into unauthorised premises, compromising the trust necessary for a logistics employment relationship.

p. 3
03

Defamation

Holding

The defamation claim failed for lack of publication, and the statements attracted qualified privilege.

Reasoning

The allegations were contained in internal disciplinary documents generated during an employment investigation. No evidence showed publication to outsiders, prospective employers, customers or the public, and communications made in bona fide disciplinary proceedings attract qualified privilege.

p. 3

Legal principles established

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  • An employer need not prove misconduct beyond reasonable doubt; the test is whether the employer genuinely believed on reasonable grounds that misconduct occurred.
  • Communications made during bona fide disciplinary proceedings attract qualified privilege and do not automatically amount to defamation.
  • Issuance of a certificate of service under Section 51 of the Employment Act is mandatory.

Court orders

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  1. 1.Declaration of unfair termination declined.
  2. 2.Claim for compensation for unfair termination under Section 49 of the Employment Act fails.
  3. 3.Claim for damages for defamation dismissed.
  4. 4.Claim for accrued terminal dues declined as not pleaded, particularised or proved.
  5. 5.The Respondent shall issue the Claimant with a Certificate of Service within thirty (30) days if not already issued.
  6. 6.Each party shall bear its own costs.

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 (Procedure) Rules, Rule 59; Employment Act (Sections 41, 43, 45, 49, 51)

Relief refused

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Declaration that termination was unlawful, unfair and wrongful

Procedural requirements under Section 41 substantially complied with and a valid and fair reason was proved

p. 3

Compensation for unfair termination under Section 49

Termination found lawful and fair

p. 4

Damages for defamation

No publication beyond the disciplinary process; statements attracted qualified privilege

p. 3

Accrued terminal dues

No specific unpaid terminal dues were pleaded, particularised or proved

p. 4

Costs

Each party shall bear its own costs.

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 applicable standard is whether the employer had reasonable and suficient grounds to genuinely believe that misconduct had occurred.
p. 3standard of proof in employment misconduct
the accusations arose from an investigation conducted by the employer in the course of disciplinary proceedings and therefore attracted qualified privilege.
p. 3qualified privilege in disciplinary communications
The Respondent shall issue the Claimant with a Certificate of Service within thirty (30) days if not already issued.
p. 4final orders - certificate of service
Each party shall bear its own costs.
p. 4final orders - costs

Issues in the judgment

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minor

The delivery date is stated as 2026 while the memorandum of claim is dated 2025 and the notice to show cause 2024, consistent internally but with a future-dated delivery text ('25TH JUNE 2026'); retained as printed.

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, "Ndeto v Siginon Group Ltd (Cause E572 of 2025) [2026] KEMC 155 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/155/eng@2026-06-25

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