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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT ELDORET
DESIGNATED MAGISTRATE EMPLOYMENT CASE NO [reference]
[STATION MANAGER CLAIMANT] v [EMPLOYER RESPONDENT]
WITNESS STATEMENT
1. I am [station manager] and identify my contract, duties and the relevant pump-handling instructions at [pages]. I describe the incident I personally observed at [date]. My statement does not replace or conceal the written response I gave when the allegation first arose.
2. The show-cause allegation was [actual wording and conduct]. My explanation was [truthful account], as recorded in [response]. I identify the position of my hands, the persons present and what I did without purporting to reconstruct unseen camera footage as direct observation.
3. The notice or invitation I received specified [actual date, place and purpose]. My attendance and opportunity to respond were [precise account]. If I attended one meeting but dispute another, I describe them separately and identify the documents for each.
4. I identify the companion or colleague present and the representations I made. Any disputed minute or signature is specified at [page and entry]. Earlier testimony or admissions differing from this account are disclosed with the explanation, rather than silently replaced.
5. The CCTV position is [whether viewed, available, filed or admitted]. I do not claim that the court received a recording it did not receive. The written responses, witnesses and minutes are addressed independently of that absence.
6. The remedies I seek are supported by [contract, pay and leave records], with payments credited. The certificate of service position is [actual issue status]. This draft contains no employment exhibits or signature; it supplies wording for an accurate witness account, not proof that dismissal was unfair.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Use the witness own truthful account, distinguish observed events from named information sources and identify bundle pages and authenticating witnesses. Follow the actual trial or succession witness directions. Additional evidence and statements require any applicable leave. An appeal ordinarily uses the admitted trial record; a new statement cannot be inserted without the proper procedure. Verify the ELRC Procedure Rules 2024 and 2025 amendments, or the applicable designated subordinate-court procedure, and current directions. Assess section 90 for each employment claim.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A station manager on a three-year contract challenged summary dismissal after alleged concealment of fuel-pump readings. She disputed the disciplinary hearing. The employer relied on written explanations, hearing minutes and trial admissions. CCTV was not produced. The reproduction contains conflicting hearing dates and years, requiring original-file checks.
Eldoret ELRC upheld the designated magistrate judgment and dismissed the appeal. It relied on the explanations and hearing record despite absent CCTV. Remaining-term salary, compensation, severance, unsupported leave and notice claims failed. A certificate of service remained due if not already issued. Each party bore own appeal costs.
Assess reason and section 41 procedure separately under sections 43, 45 and 47(5). Absence of CCTV does not erase other evidence. Fixed-term balance is not automatically recoverable and severance is distinct from summary dismissal. Trial samples use Eldoret designated magistrate jurisdiction; appeal samples use ELRC. Check section 90 and authentic dates; the historic facts do not authorise a new stale claim.
Read the original reported decision: [2026] KEELRC 470 (KLR) — 19 February 2026
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial heading, relevant pleadings and evidence, reasons and operative orders were checked. The deciding court and the court for each specimen are distinguished. Newly drafted educational reconstructions, not original filings or cases handled by our team. No authentic exhibits, signatures, later-order assurance or licensed-advocate review are supplied. Check the actual file, current law and directions.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act
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