Geoffrey Kinyanjui & 4 others v National Environment Management Authority [2015] KEELRC 493 (KLR)
The bottom line
#Kenya's Industrial Court ruled NEMA wrongly graded five employees on transfer, awarded them over Kshs. 2.8 million, and found two contracts unfairly terminated.
What this practically means
#Executive summary
#Key legal issues
#Improper and discriminatory grading
The Claimants were placed in wrong Job Grades; the grading was flawed and discriminatory, as evidenced by the uncontradicted EMU Report, and acceptance of terms did not cure the irregularity.
The EMU Report found the Board of Management failed to consider qualifications and experience, with Senior Officers graded below Junior Officers. The Report was not contradicted by the Respondent. The Inter-Ministerial Task Force required recruitment to follow Public Service Commission standards of fairness and equality; letters of appointment issued against a background of official corruption violated those standards and the Claimants were economically injured.
Unfair termination / non-renewal of fixed-term contracts
The contracts of the 1st and 3rd Claimants were unfairly terminated: Clause 2.6.2 created an expectation of renewal, they applied for renewal and continued working after expiry, yet were given no reasons for non-renewal until 31st January 2007.
Clause 2.6.2 provided initial 3-year contracts were subject to renewal on mutually agreed terms. The Claimants applied for renewal in August 2006 and worked past the November 2006 expiry, being told of non-renewal only on 31st January 2007. The PS in the parent Ministry supported the finding that reasons for non-renewal should have been communicated at an appropriate time. Compensation of 12 months' salary was awarded to each.
Voluntary early retirement as bar to unfair-termination claim
The 4th and 5th Claimants' election of early retirement under the 50-year rule amounted to voluntary variation of their contracts, defeating their unfair-termination claims.
Both Claimants expressed their desire for early retirement while their contracts subsisted, and their applications were accepted. This constituted a voluntary variation of the terms and conditions in their letters of employment and the Terms and Conditions of Service. Their grievance, if any, should have been confined to grading.
Legal principles established
#- An expectation of renewal arises where a contract clause provides for renewal on mutually agreed terms, and notice and reasons for non-renewal must be availed
- Acceptance of employment terms does not cure a flawed and discriminatory grading process
- The court has emphasized the need to correct pay disparity shown to exist through discrimination and wrong grading
Court orders
#- 1.A declaration that the Claimants were placed in the wrong Job Grades by the Respondent
- 2.Payment to the Claimants within 30 days of a total of Kshs. 1,966,070 in compensation for the wrong grading as particularized (1st Claimant Kshs. 919,110; 2nd Kshs. 255,765; 3rd Kshs. 261,720; 4th Kshs. 344,535; 5th Kshs. 184,940)
- 3.A declaration that the 1st and 3rd Claimants' contracts of employment were unfairly terminated
- 4.Payment to the 1st Claimant of Kshs. 575,436 and to the 3rd Claimant of Kshs. 299,016 in compensation for unfair termination within 30 days
- 5.Costs to the Claimants
- 6.The principal sum to attract interest at the rate of 14% p.a. upon lapse of the 30-day period
- Jurisdiction invoked
- Rule 27 [1] [a] of the Industrial [Procedure] Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Geoffrey Kinyanjui & 4 others v National Environment Management Authority [2015] KEELRC 493 (KLR)", Case Analysis (2015). Cause Number 167 [N] of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/493/eng@2015-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.