Aaron Safari Mutinda v Kenya Secularams Limited [2013] KEELRC 617 (KLR)
The bottom line
#A Kenyan security firm was ordered to pay its former operations controller Kshs.75,985 after unfairly dismissing him without notice or leave.
What this practically means
#Executive summary
#Key legal issues
#Whether termination of employment without notice attracts payment in lieu of notice
The court found the Claimant's services were terminated without notice and awarded one month's salary in lieu of notice, rejecting the Respondent's assertion of voluntary departure.
The court was satisfied with the Claimant's evidence that his services were terminated on 15/7/2010 by the Managing Director on grounds of affordability. The Respondent, despite filing a statement of reply alleging voluntary departure, did not attend the hearing. The Respondent's own tabulation of terminal benefits corroborated the Claimant's claim.
Entitlement to payment in lieu of untaken leave
For the 11 months worked, the Claimant was not granted leave and was awarded Kshs.28,398/= in lieu of leave days not taken, the amount having been listed as gratuity in the Respondent's tabulation.
The court was satisfied that for the 11 months worked the Claimant was not granted leave. The Respondent's own tabulation of terminal benefits supported the amount claimed. The Claimant clarified the sum catered for leave days not taken, and noted he was registered with NSSF.
Legal principles established
#- Where an employee's services are terminated without notice, the employee is entitled to payment in lieu of notice, salary for days worked and payment in lieu of untaken leave.
Court orders
#- 1.Payment of Kshs.15,713/= being salary for days worked
- 2.Payment of Kshs.28,398/= being payment in lieu of leave days not taken
- 3.Payment of Kshs.31,873/= being payment in lieu of notice
- 4.Costs of the suit to the Claimant
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Industrial Court of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Aaron Safari Mutinda v Kenya Secularams Limited [2013] KEELRC 617 (KLR)", Case Analysis (2013). Cause No. 1134 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/617/eng@2013-07-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.