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In this edition:
The Akala Decision| What employers and investigators need to know
The Employment and Labour Relations Court’s decision in Roy Akala v Kenya Commercial Bank (KCB) (12 June 2025) has become a pivotal ruling in Kenya’s employment and investigative landscape. With the Court strengthening expectations around transparency, documentation, and professional investigative standards, organisations now face a higher bar in how they conduct and rely on internal investigations.
The judgment underscores the employees’ right to receive full investigation reports before disciplinary hearings, subject only to limited and justified redactions. This reinforces the importance of fair hearing principles and elevates the governance expectations placed on employers during disciplinary processes.
The judgement introduces critical investigative and procedural expectations, including:
- Greater expectations on investigative quality
- Clear requirements for disclosure of investigative reports
- Justified and minimal redaction from original forensic reports
- Higher standards of procedural fairness
Our latest Forensic Digest unpacks the Akala judgment, explores the legal thresholds it introduces, and outlines the implications for employers and investigators. The digest includes recommended steps for strengthening investigation protocols, disclosure frameworks, and documentation practices.
If you would like to discuss how the ruling may affect your organisation or explore enhancements to your investigative processes, please contact us.
Register to download the latest Financial Crimes Digest publication
The Akala Decision| What employers and investigators need to know
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Contact us
John Kamau
Partner | Financial Crime Advisory, Eastern Africa Region, PwC Kenya
Tel: +254 (20) 709 895 000
Pamella Williams
Manager | Forensics and Financial Crime Advisory, Eastern Africa Region, PwC Kenya
Tel: +254 (20) 709 895 000
Ashley Adipo
Associate| Forensics and Financial Crime Advisory, Eastern Africa Region, PwC Kenya
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