Under the Kenya Employment Act, termination is considered unfair if it is not based on valid reasons and/or if the employer fails to follow fair procedures. Valid reasons might include misconduct, poor performance, or redundancy, but these must be substantiated with evidence and proper documentation. Additionally, the law requires that the employee be given a chance to respond to allegations in a disciplinary hearing. When John Kiriga was dismissed from his position as a commercial manager at UDV Kenya Ltd, a subsidiary of East African Breweries Limited (EABL), it marked the beginning of a lengthy legal battle. Years later, the Employment and Labour Relations Court awarded him KES 8.0 million, citing wrongful termination and lack of due process. The ruling caused waves across Kenya’s corporate world and highlighted the legal recourse available to employees subjected to unfair dismissal.
In Kiriga’s case, the court found that the termination was procedurally flawed. He was not given adequate notice, and there was no fair hearing. The judgment emphasized that even senior managers are entitled to the same protections under the law. One of the key takeaways from the Kiriga ruling is that employers must follow due process regardless of the employee’s role. This includes providing written notice of the allegations, allowing the employee an opportunity to defend themselves and holding a formal disciplinary hearing. Failure to do so can render the termination legally invalid, even if the employer believes the decision was justified.
Second, Kiriga’s case proves that employees are not powerless. The Employment and Labour Relations Court has the authority to award compensation, reinstate employees, or issue other remedies. While the legal process may be lengthy, the outcome can lead to significant justice, both financially and reputationally. Employees facing dismissal should seek immediate legal representation, retain all communication and documentation related to their dismissal, file a claim within a statutory period which is usually three months from the date of termination.
Third, many employees are unaware of their rights until it is too late. Kiriga’s case serves as a reminder that knowledge is power. Understanding your employment contract, familiarizing yourself with the Employment Act, and seeking guidance when in doubt can make all the difference. Therefore, it is important for employees to familiarize themselves with the relevant laws governing them so that they may not fall victims to unfair dismissal.
Lastly, employers must reassess their Human Resource policies. Kiriga’s case should serve as a wake-up call for companies to review their termination processes. Legal compliance is not just a formality but a necessity. Failure to uphold employment standards can lead to financial loss and reputational damage.
Kiriga’s victory is a powerful statement to all employers in Kenya. Unfair termination can be challenged, and justice is attainable. Every employee deserves fair treatment, and every employer is obligated to provide it.
