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Maasai Moran ,LL.B Hons(UON), Certified Public Secretary(CPS), Law ,Politics ,Governance, Advocate of the High Court of Kenya

[ROBA & ASSOCIATES LLP @AssociatesRoba]

🔴🚨ELRC Sends Blunt Message to Employers as Ex-Employee Wins Kshs.1.25 Million After Unfair Dismissal

In Kagai v Kenga Equatorial Hotels Limited t/a Mombasa Continental Resort, the Employment and Labour Relations Court ruled in favour of Benson Muriithi Kagai, a Procurement Manager who had been dismissed barely five months into employment without being told why. The employer later attempted to justify the dismissal using allegations surrounding a delayed Kshs.2.7 million linen procurement deal. However, evidence before the court showed that the purchase orders, payment approvals, and cheques had all been authorized by senior management and company signatories. The court found that the termination letter itself contained no accusation, no misconduct claim, and no explanation beyond a vague reference to a contractual clause allowing termination by notice.

Justice Agnes Kitiku Nzei held that an employer cannot dismiss an employee first and then begin constructing reasons during trial. The court emphasized that Sections 41, 43, and 45 of the Employment Act require employers to provide valid reasons for termination and accord employees a fair hearing before dismissal. Since the Respondent neither informed the Claimant of any accusations nor subjected him to disciplinary proceedings, the dismissal was declared both procedurally and substantively unfair. The court further clarified that paying salary in lieu of notice does not excuse an employer from complying with statutory safeguards under employment law. Kagai was consequently awarded Kshs.1.25 million as compensation for unfair termination.

The decision carries major implications for ordinary employees and employers across Kenya. To the common mwananchi, the judgment reinforces that employers cannot use intimidation, office politics, or sudden dismissal letters to sidestep due process. Even short-term employees remain protected by the law and are entitled to dignity and fairness at the workplace. For employers, the ruling is a warning that internal frustrations, management conflicts, or boardroom pressure cannot replace lawful disciplinary procedures. Once termination occurs without proper reasons and hearing, the court is unlikely to rescue the employer later through afterthought explanations raised during litigation.

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[Ratia @Ratialaw]

@Esq_Dalmas_J Still feeding on cholesterol

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@LeviMunyeri @Joshuakimanii Wakili this airport ,we were told will be complete by march 2026

[Kawangware Finest ™ - Geoffrey Moturi @cbs_ke]

Ombachi the balcony chef left us in the wrong hands.... what is this now....

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@Esq_Dalmas_J 🤣🤣🤣

[Donald B Kipkorir @DonaldBKipkorir]

Benjamin Netanyahu has had his way with the world. He made the world believe:

Libya was developing nuclear weapons. Libya was destroyed.

Iraq was developing nuclear weapons. Iraq was destroyed.

Syria was gassing its citizens. Syria was destroyed.

Lebanon was a proxy for Syria. Lebanon was destroyed.

Gaza has 30,000 Hamas terrorists. Gaza was erased.

Iran is three weeks (for over twenty years) away from developing nuclear weapons. Iran is being made Gaza!

NEXT, Netanyahu will make accusations against Saudi Arabia, UAE then Egypt!

The World is enabling the destruction of the Middle East. History will record Netanyahu as the sole Architect of the destruction of the Muslim World!

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@okayojoshua There is no proper circulation of oxygen 😅😅

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@ooko_hezbon @LawSocietyofKe @ckanjama @mwaurakab @pwanyama Rais ni PMO.

[Dr MuVenda @Ndi_Muvenda_]

VW bring best vibe 🤣

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@AokoOtieno_ @CopShakurkihara 😅😅😅😅

[Levi Munyeri @LeviMunyeri]

Hon. Dolphina Alego has set a hefty bond of Kshs. 1,000,000 after Harrison Mumia pleaded not guilty of posting images of Ruto lying in bed. He was charged of False Publications contrary to Sec. 22 of the impugned Cybercrime Act at Milimani Courts after being detained for 4 days by the DCI.

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🤣🤣🤣

[Levi Munyeri @LeviMunyeri]

My client wants to divorce her husband because he supports Ruto. For that reason, the lady deems her husband as fatally stupid and unfit for mating. She told me, "Ruto hubamba tu mafala."

[Levi Munyeri @LeviMunyeri]

ODM is abusing the elderly. Oburu Odinga should be discharged as ODM Party Leader and allowed to rest. The law demands that elderly people are treated with dignity, not exploited.

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@LeviMunyeri 😅😅😅 wakili, I won't be shocked if you file a matter under the constitutional and human rights division to champion for the right of the ageing odinga.

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The Bar called, and I answered,

Advocate of the High Court of Kenya

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@LeviMunyeri @LiveLetLiveKe 😅😅😅bare-knuckles

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@ahmednasirlaw Political orphans ,like sen.ledama lekina of narok anyways May Baba Rest in peace

[Council of Legal Ed. @CLE_Kenya]

To all the new Advocates being sworn in today, Hongera!

“Go forth and conquer for the world is small and you are the giant and in every step you take will make the ground shake as it rises to meet you”. - Atticus

[Levi Munyeri @LeviMunyeri]

It is a personal decision for Faith Odhiambo to serve Ruto in an unconstitutional Panel of Experts. However, she must resign as the President of LSK, failure to which we will file an urgent motion to eject her as LSK President.