Court Upholds Ksh 4.7M Award for Employee Fired Through Newspaper Advert While on Sick Leave

Romageco Kenya Limited has lost its bid to overturn a Ksh 4.7 million award after the Court of Appeal ruled the company’s dismissal of a salesman while he was ill was unfair and lacked basic procedure.

The judgment delivered June 12, 2026, by Justices W. Korir, L.M. Ndolo and Ahmed Issack, affirmed a decision first made by the Employment and Labour Relations Court.

The case centered on Hudson Kidaha Kisigwa, who was terminated in May 2010 after nearly five years with the company.

According to court filings, Kisigwa was hospitalized at Nairobi Hospital in April 2010 and placed on sick leave.

He testified that while still unwell, Romageco accused him of financial impropriety, fired him without a hearing, and published the dismissal in a newspaper.

“The company withheld commissions he had earned over several years.” Hudson Kidaha Kisigwa stated.

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Dismissed Romageco’s Defense of Unlawful Termination

Romageco defended the dismissal, arguing Kisigwa failed to return after his leave and did not account for customer payments, stating these failures justified ending his employment.

The appellate court found the company’s case did not hold up; judges noted Romageco did not attempt to reach Kisigwa after his leave expired and skipped key steps required by law.

No show-cause letter was issued, and he was not invited to a disciplinary hearing.

“An employer invoking desertion as a defense to a claim of unlawful termination must demonstrate tangible efforts to reach out to the employee,” the court ruled.

The judges also dismissed the claim of unremitted funds, saying it surfaced only after Kisigwa fell ill and lacked evidence that he was given a chance to respond.

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Court Rules in Favor of Kisigwa in Unpaid Commissions Dispute

On unpaid commissions, the court found Kisigwa relied on company sales records and that his contract entitled him to the payments.

The court described the dismissal as “effected without decorum, in a manner inconsistent with the dignity owed to an employee.”

It cited the use of a newspaper notice while Kisigwa was ill, the failure to issue a certificate of service, and the non-payment of terminal dues as aggravating factors.

Upholding 12 months’ salary as compensation, the court dismissed the appeal with costs.

The Ksh 4.7 million award granted by the Employment and Labour Relations Court stands.

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Court Orders Romageco to Pay Ex-Salesman Ksh 4.7M for Botched Dismissal. PHOTO/ FILE