Wilson Kitere v Board of Governors Lugulu Mission Hospital [2018] KEELRC 1498 (KLR)
The bottom line
#A Kenyan hospital was ordered to pay a former director over Kshs.600,000 because it fired him without a valid reason or fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was for a lawful reason and by fair procedure
The termination was wrongful and unfair; the Respondent adduced no evidence of misconduct and violated sections 41, 43 and 45 of the Employment Act, 2007
The Claimant testified that he was ambushed with unfounded allegations of bad publicity without notice of the agenda and without an opportunity to defend himself. The Respondent did not call any witness, having closed its defence by default. His uncontroverted, credible evidence stood as proof. No evidence of misconduct was tendered, so the Board had neither a valid reason nor a fair procedure.
Whether the Claimant is entitled to the reliefs sought
The Claimant was awarded ten months' salary in compensation, notice pay and arrear salary; gross salary held to be Kshs.55,000 as the hospital housed him
Under section 49(1)(c) as read with section 49(4) of the Employment Act, compensation considers the two years remaining on the fixed term contract, the Claimant's non-contribution to the termination, and the loss and damage suffered. Guided by the Court of Appeal's award of 12 months' salary in Kenfreight, the court exercised discretion to award 10 months. Gross salary was assessed at Kshs.55,000 since the Respondent pleaded the hospital housed the Claimant.
Legal principles established
#- An employer must prove both a valid reason and a fair procedure for termination; failure violates sections 41, 43 and 45 of the Employment Act, 2007
- Uncontroverted evidence stands as proof, and compensation up to twelve months' salary may be awarded for unfair termination under section 49 of the Employment Act
Court orders
#- 1.Kshs.550,000 being 10 months salary in compensation for unfair and unlawful termination
- 2.Kshs.55,000 in lieu of notice
- 3.Kshs.11,381 arrear salary for August, 2012
- 4.Total award Kshs.616,381 payable with interest at court rates from date of filing suit in respect of notice pay and arrear salary, and from date of judgment in respect of compensation, till payment in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (sections 41, 43, 45, 49 invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wilson Kitere v Board of Governors Lugulu Mission Hospital [2018] KEELRC 1498 (KLR)", Case Analysis (2018). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1498/eng@2018-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.