The Employment and Labour Relations Court has dismissed a petition by former Kenya National Chamber of Commerce and Industry (KNCCI) CEO Ahmed Farah, who sought to overturn his termination, alleging unfair dismissal and constitutional violations.
In its ruling, the court found that Mr Farah’s claims were contractual disputes improperly framed as constitutional grievances, rendering his petition legally unsustainable.
“The dispute about fairness of the termination of the probationary service was a contractual issue not importing a constitutional intervention and remedy,” ruled the judge.
Mr Farah, appointed CEO in November 2024 on a three-year contract with a six-month probationary period, was terminated on April 17, 2025, days before his probation lapsed on May 1.
KNCCI cited poor performance as justification for the termination and that its revenue streams decreased during his tenure as its CEO.
He sued, claiming his dismissal was politically motivated, procedurally flawed, an abuse of power, and in violation of his constitutional rights.
He applied for various orders including reinstatement, an award of damages and an order compelling KCCI to submit its financial accounts to an independent forensic auditor for the period from November 2024 to the date of the audit.
He accused the KNCCI board of converting a performance appraisal meeting into a disciplinary hearing without notice, denying him a fair chance to defend himself.
However, the court found Mr Farah’s constitutional arguments unconvincing. The court noted that Mr Farah failed to provide specifics on how his termination breached constitutional rights.
“The allegations of rights violations were extremely remote,” the judge stated, citing a legal principle that bars constitutional petitions where ordinary legal remedies exist.
KNCCI defended its decision, asserting Mr Farah was terminated for poor performance after scoring 44% in an appraisal. The board claimed he failed to submit a self-assessment as instructed.
They also disputed his claim of defamation, arguing their press release merely confirmed his termination after he announced his departure on social media. The organization argued that his petition was an afterthought.
“The relationship between him and the respondents has irretrievably broken down,” said KNCCI’s advocate opposing Mr Farah’s reinstatement bid. “He has also failed to prove the allegations of loss of income, reputational harm and emotional distress.”
Crucially, the court upheld KNCCI’s argument that Mr Farah’s acceptance of terminal dues via a signed discharge voucher prevented him from further claims.
With no evidence of defamation or contractual breaches, the judge dismissed all reliefs sought, including reinstatement, damages, and orders for a forensic audit.
He had also sought an order KNCCI to publicly retract the press release issued by the agency announcing his termination.
“The petitioner neither pleaded nor established through evidence that the respondent had breached the probationary termination clause of the contract of service or the relevant provisions of the Employment Act on termination of probationary service,” stated the judgement.
