Richard Kerama Ratemo v Richard Nyagaka Tongi [2019] KEELRC 432 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the respondent MP was properly sued in his personal capacity for the constituency office employee's dismissal
No; the constituency office is a public office and any award for unfair dismissal is borne by the constituency office under the Parliamentary Service (Constituency Officers) Regulations 2005 as amended in 2011 (Legal Notice No. 77), so the MP is wrongly sued personally
Regulation 4.13(iv) of the constituency officers regulations provides that any award for unfair dismissal of a person engaged shall be borne by the constituency office and deducted by the Parliamentary Service Commission from that constituency's allocation. The court therefore concluded the office is a public office and the MP carries no personal liability for the employee's remuneration, terminal benefits or damages.
Whether the claimant proved employment by and dismissal at the hands of the respondent
No; on a balance of probabilities the claimant did not show he was the respondent's employee, and there was no evidence linking the MP to the summary dismissal
The claimant testified he was blocked from accessing the office by unnamed persons without notice or reason. The court found no evidence that the MP sued had anything to do with the summary dismissal, so the claimant failed to discharge the burden of proving his employment relationship with the respondent and the cause of action against him.
Whether severance pay/gratuity could be granted
No; it was not pleaded in the statement of claim and was raised only in submissions
The statement of claim sought only general damages equivalent to the unserved term of the contract plus costs. Since gratuity and/or severance pay was not among the reliefs sought in the statement of claim, the court could not grant it on the basis of written submissions alone.
Legal principles established
#- A Member of Parliament bears no personal liability for remuneration, terminal benefits or damages owed to a constituency office employee; any award for unfair dismissal is borne by the constituency office and deducted by the Parliamentary Service Commission from the constituency allocation
Court orders
#- 1.The suit is dismissed with no order as to costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the employment claim (statute not specified in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Kerama Ratemo v Richard Nyagaka Tongi [2019] KEELRC 432 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/432/eng@2019-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.