The Employment and Labour Relations Court has ruled that Bomas of Kenya Limited unfairly terminated an employee who had been interdicted over the alleged theft of scrap metal.
The judgment was delivered on July 4, 2025, in a case filed by the Kenya Union of Entertainment and Music Industry Employees on behalf of Evanson Ndegwa.
“The grievant’s services were unfairly terminated,” Justice Christine Noontatua Baari ruled.
According to the court documents, Ndegwa, who joined Bomas in 1991 and rose to the rank of supervisor, was interdicted on February 5, 2015, after being found in possession of scrap metal from the company premises.
He claimed the materials had been authorised for release by a manager, Joseph Njoroge.
However, the company denied this, stating the items belonged to third parties and were taken without proper clearance.
Despite responding to a show cause letter, Ndegwa was placed on half salary.
He was later arrested and charged with theft but was acquitted in 2020 after witnesses failed to appear in court.
The court heard that Ndegwa never received an invitation to attend a disciplinary hearing.
He testified that he only learned of his termination during the court proceedings in this case.
Although Bomas claimed to have summoned him for two disciplinary sessions in 2015, no evidence was provided to support this.
“The Respondent failed the procedural fairness test,” ruled Justice Baari, adding that Ndegwa was not granted a chance to defend himself as required under Section 41 of the Employment Act.
The court found that Ndegwa’s termination was both procedurally unfair and lacked valid grounds.
However, it rejected claims for gratuity and full salary from the date of interdiction, citing lack of service during that period and failure to prove entitlement to gratuity under contract or CBA.
Gratuity is a sum of money paid to an employee at the end of a period of employment.
Ndegwa was awarded one month’s salary in lieu of notice (Sh36,120), three months’ salary for unfair dismissal (Sh108,360), half-pay arrears during interdiction (Sh216,720), house allowance arrears (Sh151,695.36) and commuter allowance arrears (Sh72,000).
The total award amounts to Sh584,895.36.
Each party was ordered to bear its own costs.
