Peter Otieno Ndhere & another v Secretary, Bog Joyland Special Sec. School [2014] KEELRC 849 (KLR)
The bottom line
#A Kenyan school unlawfully terminated security guards by staying silent after their acquittal, and was ordered to pay 12 months' salary each.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimants' termination was fair and lawful
The termination was unlawful and unjustified; the respondents constructively terminated the claimants by silence after their acquittal and denied them a hearing under Section 41 of the Employment Act 2007.
The suspension letters stated suspension would stand until the criminal case was determined. The claimants were acquitted on 26.7.2012 and their advocate wrote on 2.8.2012 requesting reinstatement, but the respondents never responded. By their silence the respondents constructively terminated the claimants contrary to their own suspension letters and without the hearing required by Section 41 of the Employment Act 2007.
Whether the claimants are entitled to remedies
Each claimant awarded one month's salary in lieu of notice and 12 months' salary as compensation for unlawful termination.
Having found the termination unlawful and unjustified, the court awarded each claimant notice pay of Kshs 12,000 and compensation equivalent to 12 months' salary at Kshs 12,000 per month, plus costs, based on the salary of Ksh 12,000 per month each claimant earned at termination.
Legal principles established
#- Termination of an employee requires a fair hearing as mandated by Section 41 of the Employment Act 2007; continued suspension beyond the stated purpose without hearing amounts to constructive termination.
Court orders
#- 1.Each claimant to be paid 1 month salary in lieu of notice of Kshs 12,000
- 2.Each claimant to be paid 12 months' salary as compensation for unlawful termination (Ksh 12,000 X 12), total Ksh 144,000 per claimant
- 3.The claimants shall be paid costs of this case
- Jurisdiction invoked
- Employment and labour relations jurisdiction under the Employment Act 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Otieno Ndhere & another v Secretary, Bog Joyland Special Sec. School [2014] KEELRC 849 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/849/eng@2014-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.