Karobia v Sikale & 2 others
Karobia v Sikale & 2 others (Cause E384 of 2023) [2026] KEELRC 1862 (KLR) (30 June 2026) (Judgment)
The respondents failed to prove any specific misconduct, failed to produce the notice to show cause, investigation report, or disciplinary minutes, and failed to prove service of the hearing invitation or that a hearing actually took place. The court therefore found that there was no substantive justification and no procedural fairness for the termination, making the dismissal unfair. Salary arrears were payable up to the date of termination, but the claim for declaration of continuing employment and future salary failed; compensation of three months' gross salary was awarded.
Source excerpt
- Unfair termination
- Procedural fairness in disciplinary process
- Substantive justification for dismissal
- Salary arrears
- Compensation for wrongful dismissal
- Compulsory leave pending investigation