Examples of Summary Dismissal in Kenya: What Employers and Employees Need to Know

Summary dismissal is the immediate termination of employment without notice or pay in lieu of notice, usually for gross misconduct that makes continued employment impossible. In Kenya, this is governed by Section 44 of the Employment Act, 2007, and while it’s a powerful legal tool for employers, it must be used fairly and with due process.

At Ultimate Forensic Consultants, we help both employers and employees navigate dismissal cases legally and professionally. Let’s break down real-life examples of summary dismissal in Kenya, so you know when it’s justified — and when it’s not!

⚖️ 1. What is Summary Dismissal?

✅ Summary dismissal happens when an employer terminates an employee’s contract on the spot—without giving a notice period or payment in lieu of notice.

👉 It applies only in cases of gross misconduct, where the employee’s behavior fundamentally breaches the trust required for the employment relationship.

⚠️ Important: Even in cases of gross misconduct, employers must follow due process, including a disciplinary hearing.

🚩 2. Legal Grounds for Summary Dismissal (Section 44 of the Employment Act)

In Kenya, summary dismissal is lawful only when an employee’s conduct makes their continued employment untenable. Here’s what that looks like in practice!

🔥 1. Theft or Fraud

👉 Example:

• An employee is caught on CCTV stealing cash from the company’s safe.
• After an investigation and a disciplinary hearing, the employer summarily dismisses them.

✅ Why Justified:

• Theft breaches trust, which is essential for an employment relationship.
• The law recognizes theft as gross misconduct.

⚠️ But: If there’s no evidence or due process, dismissing an employee based on suspicion alone could be unfair and unlawful.

🔥 2. Physical Assault or Violence at the Workplace

👉 Example:

• An employee punches a colleague during a heated argument in the office.
• The company conducts a disciplinary hearing and dismisses the employee immediately.

✅ Why Justified:

• Violence in the workplace creates an unsafe environment for other employees.
• Assault is a clear case of gross misconduct.

⚠️ But: A company that skips the hearing and dismisses the employee on the spot could face a wrongful dismissal claim.

🔥 3. Drunkenness or Drug Use During Working Hours

👉 Example:

• A machine operator arrives at work intoxicated, creating a serious safety risk for themselves and their colleagues.
• After verifying the intoxication through witnesses and medical testing, the company dismisses the employee summarily.

✅ Why Justified:

• Being under the influence at work endangers lives and breaches company policy.
• Section 44 allows summary dismissal for intoxication that affects job performance.

⚠️ But: The employer must have clear proof of intoxication (e.g., medical tests or witness statements).

🔥 4. Gross Negligence

👉 Example:

• A warehouse manager repeatedly leaves the premises unlocked overnight, leading to theft and losses.
• After receiving multiple warnings, the negligence continues, and the company summarily dismisses them.

✅ Why Justified:

• Gross negligence that causes or could cause substantial loss is grounds for immediate dismissal.

⚠️ But: The employer must show that the negligence was serious, not a minor mistake.

🔥 5. Insubordination or Willful Disobedience

👉 Example:

• An employee is asked to attend a mandatory safety training but repeatedly refuses without reason.
• After a formal warning and a disciplinary hearing, the company dismisses the employee summarily.

✅ Why Justified:

• Refusing lawful and reasonable instructions constitutes gross misconduct under Section 44.

⚠️ But: One isolated incident of insubordination may not justify immediate dismissal—repeated behavior usually does.

🔥 6. Breach of Confidentiality or Conflict of Interest

👉 Example:

• A marketing executive leaks sensitive client information to a competitor, damaging the company’s reputation.
• After an investigation, the company dismisses them without notice.

✅ Why Justified:

• Breaching confidentiality destroys trust, a cornerstone of any employment relationship.

⚠️ But: Dismissing without evidence of the leak could lead to an unfair dismissal claim.

🔥 7. Absenteeism Without Reasonable Cause

👉 Example:

• An employee is absent from work for five consecutive days without notifying the employer or providing a medical certificate.
• After trying to contact the employee with no success, the company summarily dismisses them.

✅ Why Justified:

• Unexplained absence of more than two days can constitute gross misconduct under Section 44(4)(a).

⚠️ But: The employer must try to contact the employee and allow them to explain their absence before dismissing them.

❌ 3. What Are NOT Valid Grounds for Summary Dismissal?

👉 Even though summary dismissal is harsh, employers cannot use it for:

🚫 Poor performance – Unless it amounts to gross incompetence after prior warnings.
🚫 Minor mistakes – A small error doesn’t justify immediate dismissal.
🚫 Discrimination – Dismissing someone due to race, gender, religion, pregnancy, or disability is unlawful.
🚫 Retaliation – Dismissing an employee for reporting misconduct or filing a complaint is wrongful termination.

✅ If your summary dismissal was based on these reasons, you have strong grounds to challenge it!

🛡️ 4. Due Process for Summary Dismissal in Kenya

Even with valid grounds, employers must follow due process.

✅ Step 1: Issue a Show Cause Letter

• Notify the employee of the allegations in writing.
• Allow the employee time to respond (typically 48 hours).

✅ Step 2: Hold a Disciplinary Hearing

• Give the employee a chance to defend themselves.
• Allow a representative (colleague or union member) to accompany the employee.

✅ Step 3: Make a Fair Decision

• The employer must base the dismissal on evidence, not assumptions.
• Issue a formal termination letter explaining the reason for dismissal.

📢 Warning: Skipping this process makes the dismissal unfair and unlawful, even in cases of gross misconduct.

🏆 5. How Ultimate Forensic Consultants Can Help

At Ultimate Forensic Consultants, we help employees and employers with:

🛡️ Defending Against Unfair Summary Dismissal – Ensuring companies follow proper procedures.
🛡️ Drafting Appeal Letters – Highlighting legal violations and procedural errors.
🛡️ Filing Legal Claims for Unfair Dismissal – Representing employees in court to seek compensation or reinstatement.
🛡️ Providing Legal & HR Support to Employers – Helping companies conduct fair disciplinary hearings and avoid wrongful dismissal lawsuits.

📞 Facing a summary dismissal? Let us help you get justice! Contact Ultimate Forensic Consultants today!

🎯 6. Conclusion

✅ Summary dismissal in Kenya is legal only when gross misconduct occurs, but employers must still follow due process.
✅ As an employee, you have the right to appeal, file a legal complaint, or seek compensation if your summary dismissal was unfair.
✅ Employers should protect themselves from wrongful termination lawsuits by ensuring they comply with Kenyan labor laws.

📞 Need help with a summary dismissal case? Contact Ultimate Forensic Consultants today!

🙋‍♀️ FAQs

1. Can my employer fire me immediately without a hearing?
🚫 No! Even in cases of gross misconduct, your employer must provide a disciplinary hearing before dismissal (as per Kenyan labor laws).

2. What happens if my employer terminates me without notice?
✅ You’re entitled to payment in lieu of notice—unless it’s a lawful summary dismissal.

3. Can I get compensation for unfair termination or summary dismissal?
✅ Yes! The Employment and Labour Relations Court can award you reinstatement, compensation for lost wages, and damages for emotional distress.

📢 Need support? Let Ultimate Forensic Consultants fight for your rights!