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ELRCAllowedNot stated in the excerpt· [2014] KEELRC 405 (KLR)

Catherine Mwihaki Ngambi v Maths Trading Company Limited [2014] KEELRC 405 (KLR)

Industrial Court (Employment and Labour Relations Court)
27 June 2014
JRJames Rika
1,347 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court confirmed that paying a salary is not reinstatement — employers must restore actual work or risk their directors facing contempt charges.

What this practically means

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Executive summary

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The Claimant obtained interim orders on 27th December 2013 restraining her employer, the Respondent, from terminating her employment, with status quo to be maintained pending inter partes hearing before Rika J on 28th January 2014. Despite the Respondent confirming no disciplinary proceedings were pending, it issued the Claimant a termination letter on 20th January 2014. On 28th January 2014 the Court found the Respondent in contravention and ordered reinstatement to her position as of 27th December 2013, continuation in work until the application was determined, and written confirmation of reinstatement. The Claimant was instead placed on compulsory leave, though her salary was paid. She then applied on 3rd March 2014 for leave to cite the Respondent's Directors for contempt. The Respondent, through its General Manager Abraham Chacko, denied flouting the orders, contending payment of salary amounted to reinstatement. Rika J held that there was prima facie evidence justifying leave to bring contempt proceedings, identifying two violations: the termination during the status quo period, and the failure to reinstate the Claimant to actual work. The Court held that reinstatement means more than payroll reinstatement - the employer must restore the position, its benefits and the actual duties performed before termination. Payment of salary was only partial compliance, a situation of the Respondent's own making. Orders must be obeyed fully, not selectively. The application dated 3rd March 2014 was allowed in terms of prayer para 1, with costs of the application to the Claimant. Judgment delivered at Nairobi on 27th June 2014 by James Rika, Judge.

Key legal issues

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01

Whether payroll reinstatement amounts to compliance with an order of reinstatement

Holding

No - reinstatement requires the employee to be placed back in the position, with benefits and actual duties restored

Reasoning

The Respondent continued paying the Claimant's salary but placed her on compulsory leave and did not provide written evidence of reinstatement as directed. The Court held that continued payment is only partial compliance; reinstatement means restoring the employee to the position held before termination, recommencing benefits and placing the employee back in performance of her former duties. Our law gives employers no option for payroll reinstatement without actual duties.

p. 2
02

Whether leave to institute contempt proceedings against the Respondent's Directors should issue

Holding

Yes - prima facie evidence of violation and a clear pattern of serial violation of court orders was established

Reasoning

The Court found the Respondent violated the status quo order by terminating the Claimant on 20th January 2014, and violated the reinstatement order by sending her on compulsory leave instead of restoring her to work. This pattern of serial violation justified leave to cite the Directors for contempt, as continued defiance would cast disrespect on the Court and impede its constitutional function.

p. 2

Legal principles established

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  • Reinstatement requires actual restoration to work and duties, not mere payroll reinstatement
  • Court orders must be obeyed fully, not partially or selectively

Court orders

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  1. 1.The application by the Claimant dated 3rd March 2014 is allowed in terms of prayer [1] (leave to bring contempt proceedings against the Respondent's Directors)
  2. 2.Costs of the application to the Claimant
Jurisdiction invoked
Contempt/leave jurisdiction of the Industrial Court over its own orders in an employment dispute (not expressly cited in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Catherine Mwihaki Ngambi v Maths Trading Company Limited [2014] KEELRC 405 (KLR)", Case Analysis (2014). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/405/eng@2014-06-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.