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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE CIVIL SUIT OR APPLICATION NO [correct reference]
[CLAIMANT PLAINTIFF OR APPELLANT] v [RESPONDENT OR DEFENDANT]
STATEMENT OF RESPONSE
1. The Respondent admits the Claimant received salary and was issued employment disciplinary notices, to the extent shown by the records. It identifies corporate appointments and the contract of service separately, and answers the pleaded allegations [references].
2. The historical defence alleges that withdrawal of the guarantee contradicted the board and sabotaged the company. The actual guarantee, board resolution and evidence of any lost finance are [identify available records]. Withdrawal as shareholder cannot simply be relabelled employee misconduct.
3. The Respondent states that notice, hearing and appeal were provided. It must identify preparation time, records disclosed, representations considered and the decision-makers’ roles. Meeting the employer’s deadline does not prove that the deadline was reasonable.
4. Unproved salary balances, allowances, bonus and leave claims are denied with reference to payroll and contract terms. Any limitation objection is particularized by accrual date and statutory basis. The company does not assume a corporate resignation necessarily ended employment earlier.
5. The historical dismissal defence failed, though several additional monetary prayers were refused. A new response must address the capacity distinction and effective hearing requirements on admissible evidence. The Respondent seeks only relief supported by its actual defence and court directions.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected party and address].
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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 claim by numbered admission or denial and state the actual factual and legal grounds. Under ELRC rule 29, check the twenty-eight-day response period from service, any shorter urgent direction, and the accompanying witness and documentary evidence under rule 35. A historical defence marked unsuccessful is not approved advice. New affirmative relief or counterclaims require proper pleading. Applicable rules: ELRC Procedure Rules 2024, amended by Legal Notice 78 of 2025; verify current court directions.
Supporting material schedule: [document date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach only genuine available records and mark missing records accurately.
Source facts and limits of the decision
An Operations Director was also a corporate director and shareholder. He withdrew a personal bank guarantee in the corporate capacity; the employer alleged sabotage and insubordination. Short response and hearing deadlines, missing investigation material and a conflicted appeal were disputed. Employment records, payroll and corporate records showed distinct capacities. The loan was disbursed. The reported text contains inconsistent filing and dismissal dates, which must be checked against the originals.
The Court found the dismissal substantively and procedurally unfair. It awarded five months of gross salary calculated using the average of January, February and March 2021, subject to statutory deductions, and costs. It refused unproved unpaid salary, fuel and telephone allowances, eight-year bonus, unspecified leave and punitive damages. The claimed computation figure was not proved; historical payslips did not establish the final salary.
Employment Act sections 41, 43, 45, 47(5) and 49 govern termination; corporate office and employment must be proved separately. A disciplinary paper trail is insufficient if preparation time, evidence access and hearing are ineffective. Do not assume all director disputes belong in ELRC, add a new accusation without notice, or adopt unproved salary. Current filing procedure and section 90 limitation remain separate questions.
Read the original reported decision: [2026] KEELRC 783 (KLR) — 18 March 2026
The original decision may identify participants. The specimen replaces their identifying details. The judicial text reproduced on SheriaHub was read, including the reasons and final orders. This is a reconstruction from the reported decision, not a copy of a signed court filing. Where publication metadata and the judgment differ, the judgment controls. Check later appeals and the applicable version of procedural rules before relying on the case.
Related law and procedural rules
Constitution of Kenya · Employment Act · Employment and Labour Relations Court Act
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