Under Kenyan employment law, an employer who has a valid reason to dismiss an employee must still follow a fair procedure. The employee must first be informed of the accusation against him and be given an opportunity to respond. The Court of Appeal held that where this step is skipped, the dismissal is unfair even though a good reason for it existed, and the employer is liable to pay compensation.
In practice, the rule treats the reason for dismissal and the procedure for dismissal as two separate requirements, and both must be met. A justified ground does not cure a failure to notify the employee of the allegation and hear his explanation. Procedural fairness is therefore assessed independently, and its absence alone is enough to make a dismissal unfair.
📚 Kariuki v Marumi Farmers Cooperative Society Ltd [2026] KECA 2236 (KLR)
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