A Kenyan court has ordered Ekaterra Tea Kenya PLC, a British-owned agricultural company, to pay compensation to a worker who was dismissed unlawfully on medical grounds. The Employment and Labour Relations Court in Kenya ruled that the company failed to provide evidence that the worker could not perform her duties before issuing the termination.
The case was brought to court after the worker, who had served at one of Ekaterra’s plantations, was dismissed when she began experiencing medical challenges that affected her fieldwork. Ekaterra Tea Kenya, which was formerly part of Unilever before a global restructuring, argued that the worker had voluntarily retired. However, the court disagreed, saying there was no medical report or proof to show she was incapable of continuing her role.
Justice of the court ruled that the termination was unfair and violated Kenya’s labour laws, which require proper medical assessment before such a decision can be made. The court awarded the worker compensation of Sh380,000, stressing that medical termination cannot be used as a shortcut to dismiss employees without due process.
Kenyan labour laws require that before an employer can dismiss a worker on health grounds, there must be a formal medical evaluation from a recognised or company-appointed doctor. The court found that Ekaterra did not follow this requirement, making the dismissal unlawful. Lawyers representing the worker told the court that the company simply handed her a termination letter without conducting any independent assessment of her health.
Labour rights advocates welcomed the ruling, saying it sends a strong warning to employers in the agriculture sector and beyond. Ms. Grace Ochola, a Nairobi-based employment lawyer, described the judgement as a turning point for vulnerable workers. According to her, “This judgement sends a strong message to employers that they cannot dismiss staff on health grounds without due process. Workers deserve fairness and dignity, even when their health is in question.”
The case has drawn attention to the wider challenges faced by workers in Kenya’s tea and agricultural sector. Many employees, especially casual workers and women in rural areas, often lack access to occupational health services. When they fall ill or suffer injuries, they risk losing their jobs without proper medical care or compensation. Advocates argue that such situations amount to double punishment, as workers face health difficulties and also lose their livelihood.
Ekaterra Tea Kenya, one of the largest tea producers in the country, operates estates and processing plants in regions such as Kericho, Nandi, and Bomet. The company employs hundreds of workers who carry out labour-intensive tasks like tea plucking, factory processing, and packaging. As a multinational, it is expected to uphold global best practices while also complying with Kenyan labour laws. The court ruling suggests that multinational firms cannot rely on their global image alone but must respect local rules governing employment.
Although the compensation awarded—Sh380,000—may not represent a significant financial burden to a company of Ekaterra’s size, the principle of fair treatment is more important. For the worker involved, the payment is recognition that her rights were violated and that due process must always be followed. For other employees in the sector, it is reassurance that the law is on their side when unfairly treated.
The ruling comes at a time when Kenyan authorities are paying closer attention to workplace rights and fair treatment. In recent years, the government has encouraged employers to improve compliance with labour laws, especially in industries where workers face tough conditions. The decision by the Employment and Labour Relations Court is therefore likely to serve as a precedent, guiding how other cases of health-related termination are handled.
Ekaterra has not yet released an official statement on the judgement. However, industry observers expect the company to review its policies on employee health and termination to avoid future legal battles. Such cases often push large companies to tighten their human resources practices, ensuring that they maintain compliance and avoid damaging their reputation.
For now, the worker who brought the case has been vindicated, and the court has reaffirmed that Kenyan workers cannot be dismissed arbitrarily. The lesson for employers is clear: employee health issues must be handled with compassion, documentation, and fairness. The ruling is a strong reminder that labour rights extend to all workers, no matter their role, background, or medical condition.
