A recent decision by the Employment and Labour Relations Court in Akala v Kenya Commercial Bank Limited [2025] eKLR has provided important guidance for employers on the handling of investigation reports in disciplinary processes. The court held that where an investigation report forms the basis of disciplinary action, employers are under a legal obligation to provide the affected employee with the full report, not merely selected excerpts, well in advance of any disciplinary hearing. Selective or partial disclosure was found to undermine the employee’s right to a fair hearing and renders the process procedurally unfair.
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