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ELRCPartially AllowedCause No. 27 of 2017· [2018] KEELRC 900 (KLR)

Lawrence Karani Njagi v China Railway Engineering Group No.10 [2018] KEELRC 900 (KLR)

Employment and Labour Relations Court of Kenya
9 October 2018
758 words in judgment
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The bottom line

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A Kenyan court found China Railway wrongfully dismissed its worker and awarded him notice pay, six months' salary, a service certificate, and costs.

What this practically means

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Executive summary

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This was an undefended claim before the Employment and Labour Relations Court at Kericho. The claimant, Lawrence Karani Njagi, alleged that the respondent, China Railway Engineering Group No.10, verbally dismissed him on 12th May 2017 after two years of service, during which he worked at Mau Summit earning Kshs.26,681.00 per month. He claimed the termination was sudden, without reason or notice, without a termination letter or right of appeal, and that it violated sections 35, 41, 44, 45, 49 and 51 of the Employment Act and his constitutional rights. He sought terminal dues computed as fifteen months' salary for each of two years, untaken leave pay, twelve months' compensation under section 49(c), one month's salary in lieu of notice, a Certificate of Service, costs and interest. The respondent did not enter appearance or file a defence despite service. The court framed three issues: whether the termination was wrongful, unfair and unlawful; whether the claimant was entitled to the relief sought; and who should bear costs. Finding the claim uncontroverted and supported by a pay slip and letters of commendation, the court held the termination wrongful, unfair and unlawful and allowed the claim. However, it awarded less than the full amounts claimed: one month's salary in lieu of notice (Kshs.26,681.00), six months' salary as compensation for unlawful termination (Kshs.160,086.00), a Certificate of Service to be issued within 30 days, costs against the respondent assessed at Kshs.60,000.00. Judgment was delivered on 9th October 2018 by D. K. Njagi Marete, J.

Key legal issues

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01

Whether the termination of the claimant's employment was wrongful, unfair and unlawful

Holding

The termination was wrongful, unfair and unlawful

Reasoning

The matter was undefended despite service; the respondent did not participate or controvert the claim. Relying on the claimant's uncontroverted evidence, including pay slips and letters of commendation, the court found that the verbal dismissal without reason or notice on 12th May 2017 was wrongful, unfair and unlawful. This answered the first issue for determination.

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02

Whether the claimant is entitled to the relief sought

Holding

Yes, but the court quantified the award at one month's notice pay, six months' compensation and a Certificate of Service, rather than the full amounts claimed

Reasoning

Having succeeded on unlawful termination, the claimant was held entitled to relief. The court awarded one month's salary in lieu of notice and six months' salary as compensation for unlawful termination (a reduction from the twelve months claimed under section 49(c)), plus a Certificate of Service within 30 days and costs against the respondent.

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03

Who bears the costs of the claim

Holding

The respondent, with costs assessed at Kshs.60,000.00

Reasoning

As the successful party in an undefended claim, the claimant was awarded costs of the claim against the respondent, which the court assessed at Kshs.60,000.00 rather than leaving to taxation.

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Legal principles established

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  • Where a claim of unlawful termination is undefended and the claimant adduces evidence of termination, the termination will be found wrongful, unfair and unlawful
  • A claimant who succeeds in a claim of unlawful termination of employment becomes entitled to the relief sought

Court orders

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  1. 1.One (1) month's salary in lieu of notice of Kshs.26,681.00
  2. 2.Six (6) months' salary as compensation for unlawful termination of employment, Kshs.160,086.00
  3. 3.The respondent be and is hereby ordered to issue a Certificate of Service to the claimant within 30 days of the judgment
  4. 4.The costs of the claim to be borne by the respondent
  5. 5.Costs assessed at Kshs.60,000.00

Authorities

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Legislation

  • Employment ActSection 35
  • Employment ActSection 41
  • Employment ActSection 44
  • Employment ActSection 45
  • Employment ActSection 49
  • Employment ActSection 51
  • Civil Procedure Rules (Statement under Order 3 Rule 2(c))Order 3 Rule 2 (c)
  • Constitution of Kenya
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act over a claim of unlawful termination 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, "Lawrence Karani Njagi v China Railway Engineering Group No.10 [2018] KEELRC 900 (KLR)", Case Analysis (2018). Cause No. 27 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/900/eng@2018-10-09

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