Ex-Bomas of Kenya employee awarded Sh580,000 for unfair dismissal
The Employment and Labour Relations Court has ordered Bomas of Kenya Limited to pay its former employee over Sh580,000 as compensation for unfair termination over alleged theft of scrap metal.
In a judgment delivered by Justice Christine Noontatua Baari found that Evans Ndegwa's termination was both procedurally unfair and lacked valid grounds.
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The case had been filed by the Kenya Union of Entertainment and Music Industry Employees on behalf of Ndegwa.
"The Respondent failed the procedural fairness test, Ndegwa was not granted a chance to defend himself as required under Section 41 of the Employment Act. The grievant's services were unfairly terminated," Justice Baari ruled.
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
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.
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.
However, the company denied this, stating the items belonged to third parties and were taken without proper clearance.
The company claimed to have summoned him for two disciplinary sessions in 2015, but no evidence was provided to support the claims.
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