Board of Directors, Migori County Water & Sanitation Company Ltd v Okeyo (Appeal E008 of 2025)
Board of Directors, Migori County Water & Sanitation Company Ltd v Okeyo (Appeal E008 of 2025) [2026] KEELRC 2268 (KLR) (31 July 2026) (Judgment)
The appellate court held that the dismissal was procedurally unfair because the disciplinary committee had been constituted before the respondent's explanation was considered, showing a predetermined process inconsistent with section 41 of the Employment Act. However, the court found the award of severance pay unsustainable because no severance claim had been made and substituted it with gratuity of Kshs. 410,750/= as provided by clause 2 of the employment contract. The leave allowance award was upheld because the employer failed to produce leave records within its control.
Source excerpt
- Unfair termination
- Procedural fairness in disciplinary process
- Gratuity versus severance pay
- Leave allowance
- Appellate interference with discretion in employment awards