The Court of Appeal on 12th June 2026 upheld the ELRC’s 2018 judgment awarding a former salesman Ksh. 4.7 million after finding his dismissal unfair and unlawful.
Key takeaways:
– The employee was hospitalized, given sick leave, then dismissed via newspaper publication while still on leave, no show-cause notice, no disciplinary hearing.
– The Court reaffirmed that employers claiming “desertion” must show tangible efforts to reach the employee before terminating, merely alleging absence isn’t enough.
– The 12-month salary compensation was upheld due to aggravating factors: false theft accusations, dismissal “without decorum,” and failure to issue a certificate of service or pay terminal dues.
– A late attempt to argue the commission claims were time-barred (raised only in submissions in the Appeal, not pleadings) was rejected, appeals can’t introduce fresh issues not canvassed at trial.
Lesson for employers: Due process at the “shop floor” isn’t optional, even where misconduct is alleged. Document everything, follow section 41/45 procedures, and never terminate via media before exhausting internal processes.
Appeal dismissed with costs to the respondent.
Romageco Kenya Limited vs. Hudson Kidaha Kisigwa – Civil Appeal No. E025 of 2020
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