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ELRCDismissedCause No. 74 of 2016· [2017] KEELRC 1869 (KLR)

John Kipruto Kemboi v Eastern Kenya Produce (Kapsumbeywo) [2017] KEELRC 1869 (KLR)

Employment and Labour Relations Court of Kenya
31 January 2017
DMD. K. Njagi Marete
951 words in judgment
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The bottom line

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A Kenyan court dismissed a tea plucker's unfair termination claim because he had resigned voluntarily from a fixed term contract.

What this practically means

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Executive summary

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The claimant, John Kipruto Kemboi, sued Eastern Kenya Produce (Kapsumbeywo) alleging he was employed as a tea plucker in June 2005 on a permanent and pensionable basis and was summarily and unlawfully dismissed on 21st January 2016 without notice or justification. He sought declarations that the termination was malicious, unfair and unprocedural, maximum compensation for unlawful termination, general damages, salary in lieu of notice, payment of outstanding dues on the basis he was underpaid, costs and interest. The respondent denied the claim, asserting the claimant was engaged on a five-month fixed term contract running from 1st September 2015 to 31st January 2016, and that before the contract expired he resigned by letter dated 20th January 2016 and was cleared on 22nd January 2016. The matter proceeded by written submissions, with the court framing three issues: whether there was a termination, entitlement to relief, and costs. The court found the respondent's documentary evidence, including the fixed term contract notice and the claimant's letter of resignation, overwhelmed the claimant's case, which rested on pay slips, an identity card and NSSF and NHIF statements that did not establish termination. The claimant did not contradict the resignation. The court found no termination of employment, held the claimant entitled to no relief, and dismissed the claim with costs to the respondent on 31st January 2017 (Marete J).

Key legal issues

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01

Whether the claimant's employment was terminated by the respondent

Holding

There was no termination; the claimant was on a fixed term contract and resigned voluntarily before its expiry

Reasoning

The court weighed the claimant's documents (pay slips, ID, NSSF and NHIF statements) against the respondent's evidence of a fixed term contract dated 25th August 2015, a letter of resignation dated 20th January 2016 and clearance on 22nd January 2016. The claimant did not contradict the resignation evidence. The respondent's case therefore prevailed.

p. 3
02

Whether the claimant is entitled to the relief sought

Holding

No relief was due because the foundational claim of termination failed

Reasoning

Having found no termination of employment, the court held the claimant could not be entitled to any of the reliefs claimed, including declarations, compensation, damages, notice pay and outstanding dues. Costs followed the event.

p. 3

Legal principles established

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  • A claimant who resigns voluntarily from a fixed term contract cannot establish unfair termination and is not entitled to relief

Court orders

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  1. 1.Dismissal of the claimant's claim
  2. 2.Costs of the claim awarded to the respondent
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over breach of contract of employment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "John Kipruto Kemboi v Eastern Kenya Produce (Kapsumbeywo) [2017] KEELRC 1869 (KLR)", Case Analysis (2017). Cause No. 74 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1869/eng@2017-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.