Kiplangat Arap Koech v Dalsit Kondola [2019] KEELRC 95 (KLR)
The bottom line
#A Kenyan court ruled a security guard's dismissal without reasons or notice was unfair, awarding him notice pay, unpaid wages and costs.
What this practically means
#Executive summary
#Key legal issues
#Unfair termination
Termination without notice, hearing or reasons was unfair under sections 43, 45 and 49 of the Employment Act
The claimant worked for 2 months and 17 days and was dismissed by the manager on 11 May 2017 without reasons. Section 43 obliges the employer to prove valid reasons for dismissal; where none exist, section 45 renders the termination unfair and section 49 compensation follows. The respondent did not appear or challenge the evidence, leaving the claims unchallenged.
Underpayment and overtime
No underpayment or overtime was proved; the wage paid exceeded the applicable minimum wage and covered overtime
The court compared the Ksh.250 daily wage paid against the Wage Order applicable to Njoro for the period, finding the monthly total of Ksh.7,500 exceeded the minimum wage of Ksh.6,720.60 by over Ksh.780 monthly, which covered overtime at the allowed hourly rate of Ksh.54.70. The Wage Orders cited by the claimant applied to Nakuru from 1 May 2017, not to the claimant's period.
Unpaid May 2017 wages
The claimant was entitled to unpaid wages for May 2017 computed at Ksh.3,844.50
For work done in May 2017 which was not paid for, the court applied the daily rate of Ksh.250.00 against the entitled daily wage of Ksh.349.50, arriving at Ksh.3,844.50, which was awarded together with notice pay computed at the last wage rate of Ksh.7,930.40.
Legal principles established
#- An employer must give reason(s) for dismissal or termination of employment; absent reasons, notice or terminal dues, termination is unfair and compensation is due
- Where a respondent fails to appear or file a defence, the claimant's evidence stands unchallenged and the court may hear the claim under Rule 15
Court orders
#- 1.Judgment entered for the claimant against the respondent for payment of notice pay of Ksh.7,930.40
- 2.Payment of unpaid wages for May 2017 of Ksh.3,844.50
- 3.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 15 (uncontested claim hearing)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiplangat Arap Koech v Dalsit Kondola [2019] KEELRC 95 (KLR)", Case Analysis (2019). Cause No. 128 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/95/eng@2019-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.