John Chichir v Kenya Police Staff Sacco Society Ltd [2013] KEELRC 838 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the termination
The termination was unfair because neither the Employment Act (Section 41) nor the Respondent's staff policy was followed.
The Claimant was only asked to respond to a show cause letter. He was never called to explain the charges or given a hearing under Section 41(1) and (2). The staff policy required three warning letters, an opportunity for self-defence and fair hearing, and handling by a disciplinary committee or the Board. The Respondent produced no evidence of investigations, a Board meeting or the committee's findings. Other employees implicated were not similarly treated.
Entitlement to one month's salary in lieu of notice
The Claimant was entitled to Kshs.86,000 as one month's salary in lieu of notice.
Although the termination letter offered one month's salary in lieu of notice, no such salary was actually paid. The letter backdated termination to 1st May 2011, but termination takes effect on notification. The court therefore awarded the notice pay of Kshs.86,000.
Compensation under Section 49(1)(c)
The Claimant, having worked for over 18 years, was awarded the maximum 12 months' gross salary of Kshs.1,032,000.
Having found the termination unfair, the court awarded compensation under Section 49(1)(c). The Claimant's long service of more than 18 years, his promotions and good record justified full compensation of 12 months' gross salary at his last salary of Kshs.86,000.
Certificate of service
The Claimant was entitled to a certificate of service under Section 51 of the Employment Act.
Section 51 of the Employment Act entitles an employee to a certificate of service, and the Claimant was never issued one. The court accordingly ordered its issuance as part of the judgment.
Legal principles established
#- A letter of termination takes effect on the date the employee is notified of the termination, not an earlier backdated date.
- An employer considering termination must explain the reasons to the employee and hear any representations, per Section 41 of the Employment Act.
- Termination without notice or with less notice than the employee is entitled to amounts to summary dismissal under Section 44(1).
Court orders
#- 1.Declaration that the termination of the Claimant by the Respondent was unfair
- 2.Judgment for the Claimant in the sum of Kshs.1,118,000 (one month's salary in lieu of notice of Kshs.86,000 and 12 months' gross salary compensation of Kshs.1,032,000)
- 3.Issuance of a Certificate of Service to the Claimant
- 4.Costs of the suit to the Claimant
- 5.Interest from the date of judgment
- Jurisdiction invoked
- Employment Act, Sections 41, 43, 44, 45, 49 and 51
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Chichir v Kenya Police Staff Sacco Society Ltd [2013] KEELRC 838 (KLR)", Case Analysis (2013). Memorandum of Claim dated 21st July 2011 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/838/eng@2013-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.