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ELRCPartially AllowedCause No 289/2013· [2014] KEELRC 961 (KLR)

Methusela K. Kacheso v International School of Medicine & Applied Technology [2014] KEELRC 961 (KLR)

Employment and Labour Relations Court
30 April 2014
HWHellen Wasilwa
908 words in judgment
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The bottom line

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A Kenyan court ruled an employer must pay a former employee Ksh 576,000 for using his name on official documents after he resigned.

What this practically means

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Executive summary

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The claimant, Methusela K. Kacheso, sued through Nyanga & Co. Advocates, claiming he was employed on 8.5.2007 as the first principal of a college at a salary of Ksh 24,000 per month on a renewable three-year contract. He was tasked with registering the institution, secured Public Health assessment, approval from the District Development Committee Kisumu and the Provincial Technical Training Office, collaboration with Moi University, and was approved as Institution Manager following a Ministry of Education inspection. He alleged his salary was irregularly paid, that he obtained his arrears in October 2008 after moving to court, and that the respondents thereafter asked him to keep away from the college while continuing to use his name as Manager on official documents dated 30.1.2012 running up to 2.6.2016. He sought damages. The respondents, though served, never entered appearance or filed a defence and did not attend the formal proof hearing on 11.3.2014. The court framed two issues: whether the claimant was unlawfully terminated, and whether he remained the bona fide Institution Manager. Relying on the claimant's own resignation letter stating his resignation took effect from 23.10.2007, the court found he ceased to be an employee in October 2007, so there was no unlawful termination. However, documents showed the respondents continued using his name as Manager after resignation. Applying Article 40(5) of the Constitution, the court held that such use infringed the claimant's intellectual property for which the respondents must pay, entering judgment for Ksh 576,000 (equivalent of 24 months' salary), an order to desist from using his name within 6 months, and costs to the claimant.

Key legal issues

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01

Whether the claimant was unlawfully terminated

Holding

Not unlawfully terminated; the claimant resigned by letter dated 26.11.2009 stating his resignation took effect from 23.10.2007

Reasoning

The court considered the claimant's own resignation letter, in which he stated his resignation took effect from 23.10.2007 and disclaimed responsibility for official documents issued in his name thereafter. On that basis he ceased to be an employee in October 2007, and the respondents' obligation became one to stop using his name, not one arising from termination.

p. 2
02

Whether the respondents continued to use the claimant's name as Institution Manager after his resignation

Holding

Yes; documents dated 30.1.2012 showed the claimant still listed as Manager, and since respondents continued to benefit from use of his name they must pay for it

Reasoning

Documentary evidence (Exh 13 and Exh 14 dated 30.1.2012, running up to 2.6.2016) showed the respondents still used the claimant's name as Manager. The court held that as they continue to benefit from that use, it is in order that they pay for the same, grounding this in Article 40(5) of the Constitution protecting intellectual property rights.

p. 2

Legal principles established

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  • Continued use of a former employee's name on an institution's official documentation after his resignation, to the institution's benefit, is infringement of that person's intellectual property rights for which compensation must be paid

Court orders

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  1. 1.That the respondent do pay the claimant as equivalent of 24 months salary for use of his name on their documentation which has benefited the institution, being 24,000 X 24 = Ksh 576,000/=
  2. 2.The respondents to desist henceforth from using the claimant's names on their documentation and in any case to take action on this aspect within 6 months
  3. 3.Respondents to pay costs of this case

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 40(5)
Jurisdiction invoked
Employment and labour relations claim; Article 40(5) of the Constitution invoked on the intellectual property point

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Methusela K. Kacheso v International School of Medicine & Applied Technology [2014] KEELRC 961 (KLR)", Case Analysis (2014). Cause No 289/2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/961/eng@2014-04-30

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