The Employment and Labour Relations Court in Kenya has ordered Kenya Pipeline Company (KPC) to re-employ a former general manager, Derek Wangaki Okova, who was dismissed in December 2025. The court found that KPC failed to demonstrate a valid reason to terminate Okova, who had received performance appraisals rating him between “Good” and “Very Good”. Okova was appointed general manager, Pipeline Operations and Maintenance, for a five-year term beginning February 27, 2024.
According to the court, KPC's own records showed that Okova had been recognised and rewarded for his performance, making it contradictory for the company to describe him as a poor performer. The court noted that employees rated “Excellent” or “Very Good” were eligible for incentive awards equivalent to 100 and 80 per cent of one month’s basic salary, respectively, and Okova fell within that category. This suggests that KPC's reasons for terminating Okova's employment may not have been based on his actual performance.
The court ruled that the termination of Okova's employment was substantively unjustifiable and thus unfair within the meaning of Section 45 of the Employment Act. The judge ordered KPC to re-engage Okova within 21 days and directed the company to give him work comparable to that in which he was employed before his dismissal. This decision was issued on October 2, 2026, and KPC must comply with the court's orders.
Okova had moved to court after his employment was terminated on December 10, 2025, arguing that KPC had violated its Human Resource Policy and Procedures Manual and his constitutional rights. He claimed that the company's actions were unfair and unjust. KPC opposed the case, maintaining that Okova had consistently performed poorly despite being given feedback, supervision and opportunities to improve.
However, the court found that KPC's claims of poor performance were not supported by evidence. In fact, the company's own performance appraisals suggested that Okova was performing well. The court also noted that Okova's contract was due to run until 2029, and his termination was therefore premature.
The court's decision is a significant blow to KPC, which must now rehire Okova and provide him with comparable work. The company may need to review its performance management policies and procedures to ensure that they are fair and consistent. Okova's case highlights the importance of following proper procedures when terminating an employee's contract.
The case also raises questions about accountability and transparency in Kenya's corporate sector. As a state-owned company, KPC is expected to adhere to high standards of governance and fairness. The court's decision suggests that KPC must improve its human resource management practices to avoid similar cases in the future.
Key points
- The court ruled that KPC's termination of Okova's employment was substantively unjustifiable and thus unfair.
- Okova was rated "Good" and "Very Good" in his performance appraisals, making it contradictory for KPC to describe him as a poor performer.
- The court ordered KPC to re-engage Okova within 21 days and provide him with comparable work.
