Caroline Wambui Nderitu v Ignatius L.M Muturi (Cause 154 of 2016) [2016] KEELRC 152 (KLR)
The bottom line
#Kenya's Employment Court ruled that firing a worker because she is pregnant is discrimination, awarding full maximum compensation despite her short service.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the claimant's employment was unfair
The termination was unfair because it was effected on account of the claimant's pregnancy, an unconstitutional and discriminatory reason, and without any disciplinary process
The respondent alleged desertion following suspicion of involvement in a theft, but no disciplinary process with notice and hearing under section 41 of the Employment Act was undertaken, so the court found no desertion. The claimant's account, the advocates' correspondence citing non-disclosure of pregnancy, and the respondent's admission that he questioned the claimant about her pregnancy confirmed pregnancy as the reason for dismissal. Pregnancy is a prohibited ground of discrimination under section 5 of the Employment Act and Article 27(4) of the Constitution, and section 46 lists pregnancy as a ground of unfair termination.
Whether the claimant was strictly liable to be compensated despite a short period of service
Yes; the short service period did not mitigate, and the unconstitutional reason was treated as an aggravating factor justifying the maximum compensation
Although the claimant served less than one year, the court held that termination for pregnancy was a gross violation of her freedom from discrimination and an aggravating factor. Applying section 49(1) of the Employment Act, the court awarded Kshs.216,000.00, equating to 12 months' wages at the monthly salary of Kshs.18,000.00, plus one month's pay in lieu of notice under section 35, totalling Kshs.234,000.00.
Whether the claimant was entitled to damages for lost earnings
The prayer for lost earnings failed for lack of submissions
The claimant prayed for damages for lost earnings from December 2014 onwards, but made no submissions on that head. The court therefore declined to grant it, awarding only the compensation for unfair termination and one month's pay in lieu of notice.
Legal principles established
#- Absence of a disciplinary process with notice and a hearing under section 41 of the Employment Act precludes a finding of desertion
- Termination of employment on account of pregnancy is discriminatory and constitutes unfair termination
Court orders
#- 1.The respondent to pay the claimant Kshs.234,000.00 by 01.03.2017 failing interest to be payable at court rates from the date of the judgment till full payment
- 2.The respondent to pay costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (Employment Act, 2007; Article 27(4) of the Constitution invoked on the merits)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Caroline Wambui Nderitu v Ignatius L.M Muturi (Cause 154 of 2016) [2016] KEELRC 152 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/152/eng@2016-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.