Paul Kiplangat Chepkwony v Kabianga High School & another [2018] KEELRC 1973 (KLR)
The bottom line
#A Kenyan court ruled Kabianga High School unlawfully fired its cook, awarding him 12 months' salary because the school never explained or justified the dismissal.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination of the claimant's employment was wrongful, unfair and unlawful
Yes - the termination was unlawful for want of substantive and procedural fairness under sections 41, 42 and 43 of the Employment Act, 2007.
The court found the suspension letter of 9th October 2008 did not disclose any proceedings or reasons, and the respondents tendered no evidence of why or how the employment was terminated. Mere denial is not a substantial defence. The respondents even failed to justify the relief they had themselves paid at termination.
Whether the claimant is entitled to the relief sought
Partially - compensation of 12 months' salary awarded; notice pay already paid; unproven leave claim refused.
The court noted the respondents themselves had paid three months' salary in lieu of notice and half salary for six months per the termination letter, so those prayers were satisfied. The leave days claim was not proven. Compensation for unlawful termination was awarded at 12 months' salary, plus a certificate of service.
Legal principles established
#- Mere denial of a claim does not amount to a substantial defence; an employer must demonstrate and communicate reasons for termination.
- Failure to disclose reasons for termination and to follow procedure violates sections 41, 42 and 43 of the Employment Act, 2007.
Court orders
#- 1.12 months salary as compensation for unlawful termination of employment of Kshs.70,848.00
- 2.Respondents to issue a Certificate of Service to the claimant within thirty (30) days
- 3.Costs of the claim to be met by the respondents
- 4.Costs of the claim assessed at Kshs.48,000.00
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (fair termination claims, ss. 36, 41, 42, 43)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Kiplangat Chepkwony v Kabianga High School & another [2018] KEELRC 1973 (KLR)", Case Analysis (2018). Cause No. 89 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1973/eng@2018-05-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.