The Employment and Labour Relations Court has ordered Del Monte Kenya Limited to compensate a former employee with KSh1,512,912 after ruling that the company unfairly dismissed him over unproven allegations of colluding in pineapple theft.
In a judgment delivered by Justice C. N. Baari, the court found that although Del Monte complied with the required disciplinary procedures, it failed to establish a valid and lawful reason for terminating the employment of Stephen Thomas Nyamoti, who had worked for the company for more than 31 years.
Nyamoti was suspended in November 2023 following allegations that he had colluded in the theft of pineapples and failed to promptly report a security incident. He denied the accusations, maintaining that he had informed his supervisors about the incident and had served the company with an unblemished record throughout his three decades of employment.
During the hearing, the court found that Del Monte did not present sufficient evidence linking Nyamoti to the alleged theft. The company’s own witness admitted there was no proof that he had received stolen produce or any proceeds from the alleged crime, while the suspects arrested over the theft did not implicate him. Additionally, the police report relied upon by the company was not produced as evidence in court.
Justice Baari ruled that while the disciplinary process met procedural fairness requirements, the dismissal was substantively unfair because the allegations against Nyamoti were never proven.
As a result, the court awarded Nyamoti compensation equivalent to 12 months’ salary, amounting to KSh1,512,912, and ordered Del Monte to pay the costs of the suit together with interest on the award.
However, the court dismissed Nyamoti’s additional claims, including demands for acting allowances and general damages.
