Kenya Union of Domestic, Hotel Educational Institutions & Allied Workers v B.O.G Moi High Shool Kasigau [2015] KEELRC 382 (KLR)
The bottom line
#A Kenyan court ruled two teachers were only fired when turned away after acquittal, earning them two years' salary for the suspension period.
What this practically means
#Executive summary
#Key legal issues
#Effective date of termination
Termination took effect in mid-June 2008 when the grievants reported back to work after acquittal and were not received back, not on the 2006 suspension date
The letter of 26.5.2006 was a suspension pending investigation, not a termination. No written termination was communicated until the respondent's letter of 27.1.2014 admitting liability and proposing compensation. The court therefore held that termination occurred verbally and unfairly when the acquitted grievants reported back to work and were refused re-entry.
Salary during suspension
Grievants awarded 24 months' salary between May 2006 and June 2008
Having found that termination occurred in mid-June 2008, the court treated the period from the May 2006 suspension as continuing employment, awarding each grievant his gross monthly salary per the BOM minutes and consent judgment for approximately 24 months.
Service gratuity
Claim for service gratuity declined
Clause 31 of the CBA provided gratuity only on retirement, upon ten years' continuous service and attainment of age 50 or compulsory retirement age, ill health or public interest. Further, as NSSF contributors the grievants were disqualified under section 35(5) and (6) of the Employment Act, an allegation not rebutted with any NSSF statement.
Legal principles established
#- Where an employee is suspended pending investigations and later acquitted, and the employer refuses to reinstate them without written communication, termination takes effect when the employee reports back after acquittal and is turned away
Court orders
#- 1.Judgment entered for the claimant on behalf of the grievants: Alphonce Mwangombe awarded Ksh 312,480 (partial consent judgment) plus Ksh 341,040 salary during suspension, totaling Ksh 653,520
- 2.Zakaria Kiangi awarded Ksh 171,908 (partial consent judgment) plus Ksh 206,496 salary during suspension, totaling Ksh 378,404
- 3.Costs of the suit awarded to the claimant/grievants
- 4.Interest on the awarded sums
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (dispute referred to the Minister for Labour after failed conciliation)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic, Hotel Educational Institutions & Allied Workers v B.O.G Moi High Shool Kasigau [2015] KEELRC 382 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/382/eng@2015-10-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.