Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedCause No. 1134 of 2010· [2013] KEELRC 617 (KLR)

Aaron Safari Mutinda v Kenya Secularams Limited [2013] KEELRC 617 (KLR)

Industrial Court of Kenya
2 July 2013
526 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

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

#
The Claimant, employed by the Respondent from 15/8/2009 as an operations controller at a gross monthly salary of Kshs.37,000/=, sued for one month's salary in lieu of notice (Kshs.31,873/=), salary for July 2010 (Kshs.15,713/=) and payment in lieu of untaken leave (Kshs.28,398/=) after the Managing Director terminated his services on 15/7/2010 on grounds that the Respondent could no longer afford to pay him. The Respondent filed a statement of reply conceding the July salary but alleging the Claimant left voluntarily, and made a bare denial of the leave claim; however, it failed to attend the hearing of the case. The court was satisfied with the Claimant's evidence that his services were terminated without notice and that he was not granted leave during the 11 months of service. This finding was fortified by the Respondent's own tabulation of terminal benefits, which confirmed all the amounts claimed. The court entered judgment for the Claimant for Kshs.15,713/= salary for days worked, Kshs.28,398/= in lieu of leave days not taken (clarified as leave rather than gratuity, the Claimant being registered with NSSF), Kshs.31,873/= in lieu of notice, plus costs of the suit. The total award was Kshs.75,984/= (stated as Kshs.75,985/=), computed less statutory deductions. Judgment was delivered at Nairobi on 2nd July 2013 by Mathews N. Nduma, Principal Judge of the Industrial Court.

Key legal issues

#
01

Whether termination of employment without notice attracts payment in lieu of notice

Holding

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.

Reasoning

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.

p. 2
02

Entitlement to payment in lieu of untaken leave

Holding

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.

Reasoning

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.

p. 2

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. 1.Payment of Kshs.15,713/= being salary for days worked
  2. 2.Payment of Kshs.28,398/= being payment in lieu of leave days not taken
  3. 3.Payment of Kshs.31,873/= being payment in lieu of notice
  4. 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.