Jackson Kipruto Arap Soi v Principal, Mercy Girls Secondary School, Kipkelion & Another [2014] KEELRC 1351 (KLR)
The bottom line
#A Kenyan court voided a watchman's dismissal because the wrong person fired him, awarding maximum compensation for 14 years of service.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair
The dismissal by Father David, who lacked disciplinary powers vested in the Principal, was null and void ab initio and without due process; the claimant was awarded 12 months' compensation under section 49(1)(c)
Both parties' witnesses agreed that disciplinary powers were vested in the Principal, Sister Anne Peter Anyang', not Father David Cheruiyot, who nonetheless directed the claimant to leave employment and upheld the dismissal. The Bishop's intervention allowing the claimant to report back was defeated by the lockout. The court weighed the long service and legitimate expectation, invoking section 49(1)(c) for the maximum 12 months' compensation.
Whether the claimant was entitled to notice pay, welfare, overtime, public holiday pay and gratuity
One month's notice pay of Kshs.5,998.00 awarded; welfare, overtime and public holiday claims failed for lack of evidence; gratuity disallowed because the claimant was an NSSF member
Notice pay flows from the unfair termination. The quantum claims for welfare, overtime and public holidays were unsupported by any evidence and so failed. Gratuity was unavailable to the claimant as a member of the National Social Security Fund. The certificate of service under section 51 of the Employment Act was ordered.
Legal principles established
#- A dismissal effected by a person without disciplinary authority over the employee is null and void ab initio and constitutes lack of due process
- An unfairly terminated long-serving employee with legitimate expectation of continued employment may be awarded 12 months' compensation under section 49(1)(c) of the Employment Act
Court orders
#- 1.The respondent to pay the claimant Kshs.93,082.00 by 1.12.2014 failing interest at court rates to be payable thereon from the date of the judgment till full payment
- 2.The respondent to deliver to the claimant the certificate of service by 1.12.2014
- 3.The respondent to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jackson Kipruto Arap Soi v Principal, Mercy Girls Secondary School, Kipkelion & Another [2014] KEELRC 1351 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1351/eng@2014-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.