Duncan Kariuki Kinyanjui v Kenya Power & Lighting Company Ltd [2015] KEELRC 209 (KLR)
The bottom line
#A Kenya Power employee's termination claim failed because older employment law didn't require a hearing, and courts won't award wages up to retirement.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unlawful and whether natural justice was breached
The termination was lawful under the then-applicable repealed Employment Act (Cap. 226), which did not require a hearing or proved reasons; the natural justice complaint failed absent a contractual basis
The termination occurred on 2 November 2007, before the Employment Act, 2007 commenced on 2 June 2008, so the repealed Act applied. That Act provided no right to a pre-termination hearing, and a natural justice complaint could only rest on contract, none being pleaded. The employer gave notice/pay in lieu under clause 13, and even reasons for termination. The authorities relied on by the Claimant concerned a specific statutory framework (police service) of no general application.
Limitation
The claim was filed within the six-year limitation period for contract claims under the Limitation of Actions Act
The cause of action arose on 2 November 2007 and suit should have been commenced on or before 1 November 2013 under the Limitation of Actions Act's six-year period for contract claims. The cause was filed on 2 November 2010 and was therefore not time-barred. The court noted this issue was identified but not pursued by the parties.
Remedies for unfair/wrongful termination
Lost earnings up to retirement age are not recoverable; no legal foundation for the relief was laid
Apart from the declaration, the Claimant sought wages he would have earned to age 60. The court held there is no contractual, statutory or other legal foundation for such a head of damages, citing Ugandan Supreme Court authority that compensation for the remainder of years to retirement is unattainable in law. The claim for lost earnings accordingly failed.
Legal principles established
#- Before the Employment Act, 2007 came into force, there was no general statutory right to a hearing in employment contracts unless contractually agreed
- Under the repealed Employment Act regime, an employer could terminate for a bad or good reason, provided the agreed notice or pay in lieu was given
- Compensation for the unexpired period up to retirement is not an available remedy for wrongful termination
Court orders
#- 1.The Claimant's case is dismissed with costs to the Respondent
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction following transfer of the suit from the High Court by the Deputy Registrar's direction of 21 February 2014
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Alexander Kasina Mukala v Kenya Power and Lighting Company [2018] KEELRC 941 (KLR)[2018] KEELRC 941 (KLR)9 Oct 2018followed
- Bakery, Confectionary, Food Manufacturing & Allied Workers Union v The Wrigleys Co. (E.A) Limited [2016] KEELRC 1231 (KLR)[2016] KEELRC 1231 (KLR)31 Mar 2016
Cite this brief
#Cite this brief
Caselaw, "Duncan Kariuki Kinyanjui v Kenya Power & Lighting Company Ltd [2015] KEELRC 209 (KLR)", Case Analysis (2015). Cause (transferred from High Court; number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/209/eng@2015-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.