Kenya Broadcasting Corporation v Geoffrey Wakio

The Court reaffirmed that the maximum award under section 49(1)(c) must rest on sound principles. The trial Judge gave reasons: the immense loss from the lengthy criminal trial in which the respondent was acquitted, the appellant's disregard of fair labour practices, and the impracticality of reinstatement after the relationship had broken down. Practicability is a statutory factor under section 49(4), and the Court found the discretion properly exercised.

Relying on Central Bank of Kenya v Julius Nkonge and CMC Aviation v Mohammed Noor, the Court held that damages for wrongful termination are limited to salary in lieu of notice, and that section 49 remedies compensate rather than punish the employer. Having received the maximum 12 months' compensation, the respondent had no legal entitlement to a further general damages award; the trial Judge therefore acted on wrong principles.

The employment relationship and status ended upon termination on 21st June 2006; thereafter no employer/employee relationship existed and no salary could accrue. The trial court erred in computing arrears up to November 2011. The employment was also not terminated on 12th June 2006 as the appellant had argued, but on 21st June 2006 as found by the trial Judge.

Applying the functus officio doctrine as defined in Telkom Kenya v John Ochanda and the Pretorius excerpt approved by the Supreme Court in Raila Odinga, the Court held that a court with adjudicative powers may exercise them only once in relation to the same matter. Order 21 Rule 3(3) of the Civil Procedure Rules permits only correction of clerical or arithmetic mistakes under section 99 of the Civil Procedure Act, not merit-based re-engagement with the case.