Mohamed Suleiman Sumuni & 2 others v One Way Cleaning Services Limited [2018] KEELRC 987 (KLR)
The bottom line
#A Kenyan court ruled employers must tell workers when the contract underpinning their jobs ends, or face compensation for unfair termination.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the Claimants' employment was unlawful and unfair
The termination was unlawful and unfair because the Respondent failed to notify the Claimants of the non-renewal of its contract with Kenya Ports Authority, which ended their employment
The Claimants were designated to work on the Respondent's contract with Kenya Ports Authority, which expired and was not renewed as communicated to the Respondent by letter dated 25th June 2014. The Respondent, however, never informed the Claimants of this, leaving them unaware their employment was in jeopardy. The Court held the Respondent failed in its obligation, and the Claimants' exit bore the marks of unlawful and unfair termination, entitling them to compensation.
Whether the Claimants left employment voluntarily to work for Norgen Enterprises
The Respondent's assertion that the Claimants voluntarily left to work for Norgen Enterprises was not proved; the only supporting document was a photocopied job identity card obtained without authority and accorded no probative value
The Respondent's Mombasa Zone Manager alleged the Claimants moved to Norgen Enterprises, which had been awarded the Kenya Ports Authority contract, producing a photocopied job identity card of the 1st Claimant. The witness admitted he had not sought authority to photocopy it, compromising its legality; the Court assigned it no probative value. No similar documents were produced for the 2nd and 3rd Claimants, so the claim of voluntary exit failed.
What remedies the Claimants are entitled to
Each Claimant was awarded three months' salary in compensation and one month's salary in lieu of notice, plus certificates of service
Having found unlawful and unfair termination, the Court exercised discretion to award three months' salary in compensation to each Claimant, taking into account their length of service and the fact that termination stemmed from non-renewal of the Respondent's contract with Kenya Ports Authority. A further one month's salary in lieu of notice was awarded, together with certificates of service, interest on the awards, and costs of the case.
Legal principles established
#- An employer must notify employees of the non-renewal of the contract on which their employment depends; failure to do so renders the exit from employment an unlawful and unfair termination
- A document photocopies without authority has no probative value
Court orders
#- 1.Judgment entered in favour of the 1st Claimant of Kshs. 35,200 (3 months' salary in compensation of Kshs. 26,400 plus 1 month's salary in lieu of notice of Kshs. 8,800)
- 2.Judgment entered in favour of the 2nd Claimant of Kshs. 34,000 (3 months' salary in compensation of Kshs. 25,500 plus 1 month's salary in lieu of notice of Kshs. 8,500)
- 3.Judgment entered in favour of the 3rd Claimant of Kshs. 37,400 (3 months' salary in compensation of Kshs. 28,050 plus 1 month's salary in lieu of notice of Kshs. 9,350)
- 4.Award amounts to attract interest at court rates from the date of judgment until payment in full
- 5.Claimants entitled to certificates of service
- 6.Claimants awarded costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment and Labour Relations Court Act; Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed Suleiman Sumuni & 2 others v One Way Cleaning Services Limited [2018] KEELRC 987 (KLR)", Case Analysis (2018). Cause No. 143 of 2017 (test case, consolidated with a related cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/987/eng@2018-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.