Ndungu v Kingdom Bank Limited (Successor In Title to Jamii Bora Bank Limited) (Employment and Labour Relations Cause 123 of 2019) [2025] KEELRC 3285 (KLR) (20 November 2025) (Judgment)

Summary at a glance

Facts

Claimant Francis Ndungu was employed by Respondent Kingdom Bank Limited as a Micro Loan Officer. He was suspended and later summarily dismissed on the grounds of gross misconduct. The Claimant did not receive any notice or fair hearing.

Issues

• Whether the Respondent had a valid reason to summarily dismiss the Claimant.
• Whether the Claimant is entitled to the reliefs sought.
• Whether the Respondent has proved the counter claim and entitlement to the reliefs sought.

Reasoning

The court found that the Respondent violated sections of the Employment Act by not providing a fair hearing and notice to the Claimant. The dismissal was therefore unlawful and unfair.

Outcome

The Claimant is entitled to compensation and other remedies.

Orders

• Declaration that the summary dismissal was wrongful/unlawful/unfair.
• Reinstatement and/or re-engagement to the Claimant's former position or equivalent without loss of benefits.
• Payment of 12 months gross salary compensation and underpayments.
• Adjustment of terms and conditions of service.
• Costs to the Claimant.

Remedies

• Compensation
• Reinstatement
• Payment of underpayments

Authorities cited