For fifteen years, Peter Onditi Ogugu waited for justice, a testament to the grinding pace of litigation that often leaves Kenyan workers in limbo. His long battle against his former employer, All Pack Industries Limited, finally concluded this month, offering a stark lesson to human resource departments across the country.

In a judgment delivered on December 17, 2025, the Employment and Labour Relations Court ruled that while the company may have had valid reasons to suspect Ogugu of misconduct, they blundered fatally by ignoring the law. The court held that the firm violated mandatory provisions of the Employment Act by failing to grant Ogugu an oral hearing before showing him the door.

The High Cost of Procedural Shortcuts

The dispute dates back to August 13, 2010. Ogugu, then a Die Maker, was summarily dismissed after allegedly being caught attempting to leave the company premises with equipment without a requisite gate pass. Under normal circumstances, theft or attempted theft is a clear ground for summary dismissal.

However, Justice Onesmus Makau emphasized that substantive justification is not enough; the process must also be fair. The court found that All Pack Industries failed to accord Ogugu an opportunity to defend himself, a right enshrined in Section 41 of the Employment Act. By skipping the disciplinary hearing, the company rendered the termination unfair in the eyes of the law.

Breakdown of the Award

In his Memorandum of Claim filed way back in May 2011, Ogugu had sought reinstatement. While the court did not grant that, Justice Makau awarded significant financial relief to compensate for the procedural irregularities and withheld dues.

The court ordered the company to pay Ogugu for:

• Unfair Dismissal: Compensation for the breach of due process.
• Unpaid Leave: Remuneration for leave days earned but not taken.
• Withheld Allowances: A 'motivation allowance' that had been kept back by the employer.
• Illegal Deductions: A refund of travel per diem for a company-sponsored training course in Egypt, which had been unlawfully deducted from his dues.

This ruling serves as a critical reminder to Kenyan employers: suspicion, no matter how strong, does not override the constitutional right to a fair hearing. As the dust settles on a case that spanned a decade and a half, the message from the bench is clear—procedure is paramount.