Kenya Pipeline Company (KPC) has been ordered to re-employ a former general manager after the Employment and Labour Relations Court found his dismissal over alleged poor performance unlawful and unfair.
The court found that KPC failed to demonstrate a valid reason to terminate Derek Wangaki Okova, who was dismissed in December 2025 despite performance appraisals rating him between ‘Good’ and ‘Very Good’.
The court said it was contradictory for KPC to describe Mr Okova as a poor performer while its own records showed that he had been recognised and rewarded for his performance.
‘For the foregoing reasons, the court finds that termination of the petitioner’s employment by the respondent was substantively unjustifiable and thus unfair within the meaning of Section 45 of the Employment Act,’ the court said in a decision issued on October 2, 2026.
The judge ordered KPC to re-engage Mr Okova within 21 days and directed the company to give him work comparable to that in which he was employed before his dismissal.
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 Mr Okova fell within that category.
Mr Okova was appointed general manager, Pipeline Operations and Maintenance, for a five year term beginning February 27, 2024. His contract was due to run until 2029.
He 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.
KPC opposed the case, maintaining that Mr Okova had consistently performed poorly despite being given feedback, supervision and opportunities to improve.