For a brief moment in the Employment and Labour Relations Court, it looked like Ishmael Mcharo had won. Justice Monica Mbaru had just declared his firing by Sidoman Investments unlawful, awarding him over KSh 700,000 in compensation. Then came the gavel’s second strike—a counterclaim that turned his victory into a financial catastrophe.

The ruling, delivered this week, serves as a chilling wake-up call for every Kenyan employee entrusted with company property—from long-distance truckers to sales agents with company cars. It establishes a costly precedent: proving you were mistreated does not absolve you of the duty to protect your employer’s assets.

The Mariakani Standoff

The dispute began in February 2023, on the dusty roadside of Mariakani. Mcharo, a heavy commercial driver, abandoned his truck and trailer (Registration KCL 784D) in what appeared to be a protest against his working conditions. He walked away from the vehicle, leaving it unattended.

Sidoman Investments responded swiftly—and procedurally incorrectly. They summoned Mcharo to hand over the vehicle but fired him without the mandatory disciplinary hearing. Mcharo sued, citing unfair dismissal, underpayment, and unpaid benefits.

Justice Mbaru agreed with him on the termination. She noted that no matter the offense, the law demands a fair hearing. She awarded Mcharo KSh 764,307 for wrongful dismissal and underpayment, calculating his dues based on the correct wage for a heavy commercial driver.

The 'Custodial Owner' Trap

However, the court’s mercy ended there. Sidoman Investments had filed a countersuit, arguing that Mcharo’s decision to abandon the truck in Mariakani exposed the vehicle to theft and damage, causing the company significant losses.

Justice Mbaru invoked Section 19 of the Employment Act, a clause often overlooked by workers. The law treats an employee as the "custodial owner" of any tool or vehicle assigned to them. If you abandon it, you are personally liable for what happens next.

The court found Mcharo negligent. The damages were assessed ruthlessly:

• Vehicle damage and loss: KSh 2,563,285
• Unreturned tools/items: KSh 113,000
• Total owed to Employer: KSh 2,676,285

In a devastating strict mathematical set-off, the judge deducted Mcharo’s award from his debt. The result? The driver now owes his former employer approximately KSh 1.9 million.

A Warning to the Kenyan Workforce

This judgment shatters the common assumption that an employer's bad behavior cancels out an employee's negligence. Legal analysts warn that this ruling extends beyond the transport sector.

"The principle of custodial responsibility is absolute," notes labour law expert James Mwangi. "Whether you are a boda boda rider leaving your bike to protest fees, or an IT manager refusing to return a laptop until you are paid, you are walking into a legal minefield. The court has clarified that your grievance does not give you the right to hold property hostage or abandon it."

For Mcharo, the lesson is expensive and irreversible. His silent protest in Mariakani has cost him not just his job, but potentially his financial future.