Court Faults Kenya Pipeline Over Manager’s Firing, Orders Reinstatement

(NAIROBI, KENYA) – Kenya Pipeline Company (KPC) must reinstate a sacked general manager after the Employment and Labour Relations Court ruled his dismissal over alleged poor performance was unlawful, handing a significant victory to a senior executive dismissed despite positive appraisals.

The court found KPC failed to demonstrate a valid reason to terminate Derek Wangaki Okova, who was dismissed in December 2025 even though performance evaluations rated him between “Good” and “Very Good”.

The judgment, delivered on 2nd October 2026, concluded that KPC’s own records contradicted its claim that Okova was a poor performer. The court noted the company had previously recognised and rewarded him for his work, making the dismissal justification inconsistent with documented evidence.

“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 stated in its decision.

The judge ordered KPC to re-engage Okova within 21 days and directed the company to provide him with work comparable to his previous position.

The court observed that employees rated “Excellent” or “Very Good” qualified for incentive awards equivalent to 100% and 80% of one month’s basic salary respectively. Okova fell within this category, further undermining KPC’s case.

Okova was appointed General Manager for Pipeline Operations and Maintenance for a five-year term beginning 27th February 2024. His contract was scheduled to run until 2029 before his termination on 10th December 2025.

He moved to court arguing KPC had violated its Human Resource Policy and Procedures Manual and his constitutional rights.

KPC opposed the petition, maintaining Okova had consistently performed poorly despite receiving feedback, supervision and opportunities to improve. The company claimed his shortcomings persisted and affected operational efficiency.

In its defence, KPC stated it issued a Notice to Show Cause dated 18th September 2025 outlining instances of failure to complete projects, procedural lapses arising from poor leadership, and breaches of procurement policies that exposed the company to potential litigation and reputational risk.

The company asserted the issues leading to termination were not ordinary performance shortcomings but involved breaches of established company policies and conduct inconsistent with expected standards of diligence and accountability.

KPC further argued that Okova was afforded adequate time, guidance and opportunity to meet required standards but failed to do so. The company maintained the disciplinary process was procedurally fair and that written representations were sufficient where an employee is informed of allegations and given adequate opportunity to respond.

However, the court rejected these arguments, finding the termination substantively unfair. The ruling means Okova will return to his position at KPC, one of Kenya’s key state corporations managing petroleum products transportation and storage infrastructure.