Barnabus Munyinyi Mwai v Directline Assurance Company Limited [2019] KEELRC 739 (KLR)
The bottom line
#A Kenyan employer cannot fire a sick worker without a proper medical report, contractual notice, and first considering lighter duties — this employer paid the maximum 12 months' salary.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in termination on medical grounds
The termination was unfair and unjustified because the Respondent had no contrary medical report, gave no contractual notice and did not consider redeployment to lighter duties
The court found the Claimant could no longer ride a motor cycle after fracturing his clavicle, but the contract (clause 15A) required notice of up to 28 days before termination for incapacity, and no such notice was issued. The only medical report (by Dr. Mulimba) did not establish inability to work, and the employer never considered whether the Claimant could still perform office administration duties without riding. Relying on Ndolo J in Kennedy Nyanguncha Omanga, the court held employers must exercise care and sensitivity, obtain a specific medical examination and give specific notice before terminating on medical grounds.
Remedies for unfair termination
Maximum compensation of 12 months' salary awarded, plus a certificate of service
Having found the termination unfair and unjustified, the court exercised its discretion to award the maximum 12 months' gross salary as compensation under the applicable employment law framework. The Claimant had already been paid salary for days worked, one month's salary in lieu of notice, accrued leave days and provident fund dues, and had been issued a certificate of service; the court nonetheless directed issuance of the certificate and costs.
Legal principles established
#- Termination of an employee on medical grounds without a specific medical report, without notice and without considering alternative work is unfair
Court orders
#- 1.Declaration that the termination of the Claimant was unfair and unjustified
- 2.Award of 12 months' salary as compensation for the unlawful termination, being KShs. 300,000 (12 x 25,000)
- 3.Respondent to issue the Claimant with a certificate of service
- 4.Respondent to pay costs of the suit plus interest at court rates from the date of judgment
- Jurisdiction invoked
- First-instance employment and labour relations cause before the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Barnabus Munyinyi Mwai v Directline Assurance Company Limited [2019] KEELRC 739 (KLR)", Case Analysis (2019). Cause No 1076 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/739/eng@2019-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.