Chairman B.O.G. St. Teresa’s Secondary School v Eunice J. Adhiambo [2018] KEELRC 1042 (KLR)
The bottom line
#A Kenyan school wrongly fired a teacher without a fair disciplinary hearing, but her payout was cut because duplicate damages awards aren't allowed.
What this practically means
#Executive summary
#Key legal issues
#Validity of the amended plaint for alleged non-payment of filing fees
The ground failed; the presumption was that fees were paid, and the objection should have been raised at trial
The issue was raised only in final submissions on appeal, not before the trial magistrate, who made no determination on it. The amended plaint bore the court's stamp, creating a presumption of valid filing absent contrary evidence. The Court of Appeal decision on non-payment was distinguishable because there the issue had been fully canvassed before the trial court.
Whether the dismissal was unlawful and unfair
Yes - the claimant proved her dismissal was unlawful and unfair on a balance of probabilities
The suspension letter made three allegations in general terms without particulars and did not require the claimant to answer them. Her request for particulars went unanswered, and the disciplinary hearing on 24th May 2006 did not proceed, with none held until dismissal. The absence of particulars and of a hearing rendered the dismissal unlawful.
Quantum of remedies
Gratuity and one month's suspension salary upheld; 12 months' compensation substituted with one month's notice pay; general damages of Kshs.100,000 upheld but not as a separate award for malicious dismissal
Cap 226, applicable when the suit was filed, did not provide for a 12 months' maximum compensation for unlawful dismissal, so the claimant was entitled only to one month's salary in lieu of notice. The trial court's discretionary award of general damages was not shown to be a gross misdirection, but the duplicated award for malicious dismissal could not stand alongside the award for unlawful dismissal.
Legal principles established
#- On a first appeal the court has the mandate to evaluate the evidence before the trial court afresh while bearing in mind the trial court's advantage of hearing live testimony
- An appellate court rarely interferes with the exercise of discretion by the trial court unless it grossly misdirected itself
- Damages for unlawful dismissal and malicious dismissal cannot be awarded as separate items; only one can stand
- Where a document bears the stamp of the court and there is no evidence to the contrary, the presumption is that it was validly filed with requisite fees paid
Court orders
#- 1.Award of one month salary in lieu of notice in the sum of Kshs.5,000 in place of 12 months' compensation
- 2.One month salary for the period of suspension, Kshs.5,000
- 3.Gratuity for eight (8) years served in the sum of Kshs.40,000
- 4.General damages for unlawful and unfair dismissal in the sum of Kshs.100,000
- 5.Total award of Kshs.150,000 entered against the appellant in favour of the respondent
- 6.Appellant to pay costs of the suit at the trial court and interest at court rates from the date of judgment of the trial court till payment in full
- 7.The cross-appeal fails in its entirety
- 8.Each party to bear the costs of the Appeal and cross-appeal respectively
- On appeal from
- Senior Principal Magistrate's Court
- Jurisdiction invoked
- First appeal from the magistrate's court in an employment dispute (stated in the judgment to be a first appeal; the suit was governed by Cap 226, the Employment Act, 2007 not being in force at filing)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chairman B.O.G. St. Teresa’s Secondary School v Eunice J. Adhiambo [2018] KEELRC 1042 (KLR)", Case Analysis (2018). Appeal against judgment of Hon. Ezra Awino, Senior Principal Magistrate dated 5th June, 2012 (appeal and cross-appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1042/eng@2018-10-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.