28/08/2026
Who Is Sitting on Your Disciplinary Panel?
A disciplinary process can look perfectly proper on paper and still be procedurally flawed.
In Okello v Kenya Airways Limited [2026] KEELRC 1005 (KLR), the Court considered the impartiality of a disciplinary panel where an employee’s supervisor, who was involved in the allegations, also sat on the panel that determined the matter.
The lesson for employers? It is not enough to have a disciplinary panel. The panel must also be impartial.
Before constituting your next disciplinary panel, ask yourself:
👉 Is anyone on the panel directly involved in the allegations?
👉 Has the person investigating the matter also been involved in making the decision?
👉 Is there a real possibility of bias?
A fair disciplinary process is not just about following the steps. Who makes the decision matters too.