Need a court document? Have an advocate prepare it.
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.Full text of the document
Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT MOMBASA
EMPLOYMENT CAUSE NO [reference]
[CLAIMANT] v [RESPONDENT]
STATEMENT OF DEFENCE
1. The Respondent admits the employment and salary only as reflected in [actual records] and answers the remaining claim with specific admissions and denials. The HR post, probation, confirmation and service dates are [particulars]. The response must be accompanied by the genuine employment record.
2. The Respondent relies on an operational decision to outsource the HR function and abolish the single internal post. The business rationale, approval and implementation evidence are [documents]. The fact that only one employee held the post does not itself dispense with the required redundancy procedure.
3. The intended-redundancy notices, recipients, dates of service and consultation records are [pages]. Individual notice or pay in lieu is addressed separately. Payment of one month salary does not, without analysis, prove compliance with every preceding statutory notice and fairness requirement.
4. The tabulated terminal dues are [itemised schedule], with gross amount, deductions, net amount and proof of availability or receipt. Certificate preparation and collection are [records]. The Respondent opposes duplicate dues and an automatic maximum compensation award.
5. The Respondent seeks the disposition supported by proved compliance and proper credits. The historical source defence did not defeat the finding of procedural unfairness, although settlement efforts affected the remedy. This response does not manufacture records that the reported employer failed to produce.
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].
Need a court document? Have an advocate prepare it.
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
Answer the actual numbered plaint with precise admissions, denials and material grounds. Check summons, appearance, the applicable response period, court directions and the required witness/document pack. A counterclaim or new affirmative relief requires its own proper pleading, fee and service. Do not treat a disputed factual allegation as a pure preliminary objection. 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
An HR manager earning KES 90,000 monthly was dismissed on redundancy grounds in July 2024 after returning from leave. The employer relied on outsourcing of the single HR post and tabulated terminal dues, but produced no work records supporting the claimed consultation process.
The Court found procedural unfairness and awarded one month salary, KES 90,000, as compensation. The employee was directed to collect the tabulated terminal dues and complete clearance for the service certificate. Each party bore its costs; the twelve-month compensation demand was not awarded.
Employment Act sections 40, 45 and 49 require analysis of the actual redundancy procedure and evidence. Notice of intended redundancy and individual termination notice or pay serve distinct purposes. Gross terminal dues of KES 206,157 and the employer submitted net figure of KES 146,341 are not automatically all added to compensation as unpaid judgment debt.
Read the original reported decision: [2026] KEELRC 1449 (KLR) — 28 May 2026
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act · Evidence Act
Need a court document? Have an advocate prepare it.
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.