Kiage Peter Wa Mochama & another v Standard Chartered Bank Limited [2016] KECA 751 (KLR)

The court read the proviso to Section 2(1) of the Law Reform Act as expressly excluding causes of action for defamation from surviving death. Defamation is a personal action that dies with the person (actio personalis moritur cum persona); the dead have no legally protected reputation capable of being damaged, so neither the estate nor descendants or relatives can maintain the claim. The preliminary objection was therefore upheld and the defamation grounds of appeal were not considered.

The contract of employment expressly permitted termination forthwith without reasons on payment of one month's salary in lieu of notice. The Bank paid the one month's salary. Following Rift Valley Textiles and Kenya Ports Authority, where a notice period is provided the employer need not justify the termination, and damages are measured by the wages for the notice period only. The trial court's dismissal of the employment claim was affirmed.

The appellant relied on Section 45(2) of the Employment Act, 2007 on unfair dismissal. The court held that the cause of action arose in 1994, before the Act was enacted, and that parties' rights are governed by the law existing when the cause of action arose. Unless expressly stated, the Act is not retroactive, so the statutory unfair dismissal regime was inapplicable.