NAIROBI, Kenya— The Employment and Labour Relations Court has awarded former DHL Kenya Managing Director Andrew Mutuma Sh8,889,892 for unfair termination, ruling that the company failed to follow due process and relied on unproven allegations related to changes in its human resource policies.
In the judgment delivered by Justice Byram Ongaya,the court found that Mutuma’s dismissal was procedurally flawed, even though he had a clean record of service.
The court concluded that the employer failed to justify the termination and did not offer Mutuma an opportunity to be heard in line with fair administrative procedures.
“The termination of the claimant’s employment by the respondent was unfair,” read part of the court’s ruling.
Mutuma was awarded Sh1,269,984.58 in lieu of notice, as well as six months’ salary compensation totaling Sh7,619,907.48, in accordance with Section 49 of the Employment Act.
The court, however, dismissed Mutuma’s claims for lost future earnings, bonuses, and allowances, terming them speculative or not contractually guaranteed.
The court also noted that while Mutuma continued to use the company vehicle a Toyota Prado after his dismissal, this did not justify withholding compensation for unfair dismissal.
In a counterclaim that was upheld, DHL was granted the right to recover the company vehicle.
Mutuma was ordered to return the Toyota Prado (registration KCX 007P) to the company by November 1, 2025, or offset its value from his compensation through a partial set-off arrangement.
“The claimant is to deliver to the respondent the motor vehicle or parties may enter a partial set-off agreement,” the court ruled.
The court declined to reinstate Mutuma, citing a breakdown in relations and the fact that the position had already been filled.
Each party was directed to bear its own legal costs.
