Alice Njeri Wamuiga v Central Bank of Kenya [2018] KEELRC 2104 (KLR)
The bottom line
#A Kenyan court awarded a dismissed bank employee only three months' notice pay, refusing Kshs 438 million in claims never properly pleaded.
What this practically means
#Executive summary
#Key legal issues
#Quantum of damages for breach of the contract of employment (wrongful dismissal) under the common law regime applicable at the time
The Claimant, having been dismissed without notice and having been entitled under the contract to three months' written notice or three months' pay in lieu, is awarded only three months' pay in lieu of notice; other heads are unpleaded and unavailable
The prior judgment of Ransley J established liability: the dismissal was justified but the Claimant was entitled to three months' notice or pay in lieu. The Court of Appeal authorities (Rift Valley Textiles v Oganda; Cyrus Nyaga Kabute) establish that damages for breach of employment contract are limited to the contractual terms, and those decisions bind this Court. The Claimant's salary at separation was Kshs 57,696/-, yielding three months' pay of Kshs 173,090/-.
Whether unpleaded heads of relief could be entertained on submissions
No. Heads of relief not in the pleadings, and which the Claimant sought to introduce through an Amended Plaint that was never allowed, cannot be presented through submissions
Ringera J and Khamoni J had declined leave to amend, and Mabeya J's later order allowing amendment was set aside. The pleadings on record at the time of the High Court judgment did not contain the expansive heads now claimed. The Court held that it would be guided only by the pleadings formally on record, and the Claimant also never testified on those heads.
The fate of the Respondent's counter-claim
Dismissed because the Respondent did not produce or prove any evidence in support of it
The Respondent opted not to call any witness and indicated it would rely on submissions based on the record. Having produced no evidence in respect of the counter-claim, it could not succeed and stood to be dismissed.
Legal principles established
#- On wrongful dismissal under the common law, damages flow according to the terms of the contract; aggravated damages, benefits to retirement age or arrears of salary beyond the contract terms are not available
- A party cannot introduce unpleaded heads of claim through submissions; the Court is guided only by the pleadings formally on record
Court orders
#- 1.Award to the Claimant of pay in lieu of notice of Kshs 173,090/-
- 2.Dismissal of the Respondent's counter-claim for lack of proof
- 3.The Claimant is denied costs
- Jurisdiction invoked
- Jurisdiction following transfer from the High Court to the Employment and Labour Relations Court under Article 162(2) of the Constitution (implied); the suit was 'ordered that the suit be transferred to this Court for hearing and determination'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alice Njeri Wamuiga v Central Bank of Kenya [2018] KEELRC 2104 (KLR)", Case Analysis (2018). Cause No. 2263 of 2012 (Originally Nairobi High Court Civil Case No. 1299 of 1999). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2104/eng@2018-04-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.