Magaju v Bash Hauliers Limited (Cause 920 of 2016) [2025] KEELRC 3168 (KLR) (13 November 2025) (Judgment)

Facts

The Claimant, Patrick Mutembai Magaju, was dismissed by the Respondent, Bash Hauliers Limited, on May 20, 2016. The dismissal was for disciplinary reasons, but the Claimant disputes its fairness. The Respondent claims the dismissal was justified under Section 44(4)(c) of the Employment Act, 2007.

Issues

1. Whether the dismissal of the Claimant from employment was fair.
2. Whether the Claimant is entitled to the reliefs sought.

Reasoning

The Court noted that for a summary dismissal to be fair, it must be both procedurally and substantively fair. The employer must prove the presence of these two aspects. The Court found procedural unfairness due to the lack of a clear written job description and the failure to follow the mandatory procedure outlined in Section 41 of the Employment Act.

Outcome

The Court found the dismissal to be unfair.

Authorities cited