For nearly two years, Erick Munene Nzau helped shape the news agenda at Ebru TV.
He climbed from a newsroom employee to Head of News, earned a contract renewal, and even reportedly introduced a revenue-generating Skiza Tunes service.
Then, within barely two months, everything unravelled.
A Nairobi court has now ruled that the broadcaster unlawfully dismissed him, finding that explosive allegations of theft, fraud and revenue diversion were never backed by evidence.
The Employment and Labour Relations Court found that Everest Production Corporation Kenya Ltd, which runs Ebru TV, could not prove the claims against Nzau and did not give him the required disciplinary hearing.
In a judgement delivered in July 2026, Justice Onesmus Makau awarded Nzau KSh557,600, together with costs, interest and a certificate of service, after declaring his dismissal unfair and unlawful.
Promotion Before Dismissal
Court records show Nzau joined Ebru TV in August 2018 before rising to become Head of News in April 2019.
Despite receiving a warning letter in July 2020, the station renewed his employment contract for another year beginning September 1, 2020.
Yet on November 6, 2020, management summarily dismissed him.
The dismissal letter levelled sweeping accusations against the senior journalist.
It alleged he interfered with company income, diverted advertising revenue, incited colleagues into theft, impersonated the company’s brand, altered company content without authority, failed to submit reports, extended leave unlawfully and engaged in fraud.
Nzau denied every allegation.
Instead, he told the court that Ebru TV had become deeply divided between Turkish executives led by Chief Executive Officer Murat Kesign and Kenyan Operations Manager Anab Mohamed.
According to him, employees often found themselves navigating conflicting instructions from rival management camps.
He further claimed Mohamed routinely accused workers of diverting advertising revenue without producing supporting evidence and cultivated what he described as a toxic workplace environment.
No Evidence Produced
Those allegations ultimately became the case’s turning point.
Justice Makau observed that although the accusations against Nzau were exceptionally serious, Everest Production Corporation failed to produce any meaningful evidence supporting them.
No investigation report was presented.
What’s more, no financial records allegedly showing diverted revenue were produced.
No witness statements were filed. No audit findings were tendered.
“The only documents produced were the warning letter and the summary dismissal letter,” the judge noted while finding that the employer failed to discharge its legal burden of proof.
That omission proved fatal because Section 43 of Kenya’s Employment Act requires employers to prove the reasons for terminating an employee.
Where they fail, the law presumes the dismissal was unfair.
Contract Renewal Questions
Perhaps the most damaging evidence against the employer was found in a different aspect of the case.
Only 66 days separated Nzau’s contract renewal from his dismissal.
Justice Makau reasoned that renewing an employee’s contract ordinarily reflects confidence in that employee’s performance and conduct.
Consequently, the respondent’s argument that Nzau had persistently engaged in misconduct appeared inconsistent with its own actions.
“The renewal was enough proof that the Respondent was satisfied with the Claimant’s performance and conduct at that time,” the judge observed, rejecting claims that the alleged misconduct had continued unabated.
The court also criticised the company for relying on allegations that had already been addressed through an earlier warning letter.
Using the same accusations to justify dismissal, the judge held, effectively amounted to punishing the employee twice for the same conduct.
Dismissed Without Hearing
The court found another equally significant flaw.
Nzau insisted he was never invited to a disciplinary hearing before losing his job. Instead, he said he was publicly accused during a general staff meeting before immediately receiving his dismissal letter.
A former Ebru TV employee who testified for Nzau corroborated that account.
He told the court the claimant was accused of stealing during the meeting, yet no evidence supporting those accusations was produced before staff members.
Everest Production Corporation argued it had complied with the Employment Act and maintained the earlier warning letter formed part of a lawful disciplinary process.
Justice Makau disagreed.
The employer failed to produce disciplinary hearing minutes, notices inviting Nzau to answer the allegations, or any evidence showing he had been allowed to defend himself before termination.
Even where gross misconduct appears obvious, the judge stressed, employers remain legally obligated to hear the employee’s side before reaching a disciplinary decision.
Awards and Significance
Having found both substantive and procedural unfairness, the court awarded Nzau KSh123,000 in notice pay. KSh369,000 as compensation equivalent to three months’ salary. KSh41,000 for accrued leave.
And KSh24,600 for six unpaid working days in November 2020, bringing the total award to KSh557,600 before statutory deductions.
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The court also ordered Ebru TV to issue him with a certificate of service and pay costs together with interest.
The ruling reinforces a long-standing principle in Kenya’s employment jurisprudence: employers cannot rely on suspicion, internal accusations or disciplinary letters alone when ending someone’s career.
They must demonstrate valid reasons with credible evidence and strictly observe the procedural safeguards contained in Sections 41, 43 and 45 of the Employment Act.
Kenyan courts have consistently treated both substantive justification and procedural fairness as indispensable pillars of lawful termination.
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