Roseline Ohanya v Emergency Plus Medical Services [2019] KEELRC 1028 (KLR)
The bottom line
#A Kenyan marketing agent won her claim for full contractual commission because her employer never communicated any change to her agreed terms.
What this practically means
#Executive summary
#Key legal issues
#Whether the claimant was entitled to 10% commission on the Kisii ambulance contract notwithstanding the respondent's offer of a 1.5% token of appreciation
The claimant was entitled to 10% commission because the engagement contract provided only for 10% commission on cash sales and no other agreement varied this for the Kisii contract
The court found it undisputed that the claimant was engaged as a marketing agent at 10% commission and that she was involved in the Kisii contract, as acknowledged by the respondent's letter offering a 1.5% token. The court held the respondent could not unilaterally change the payment basis; the claimant had a legitimate expectation to be paid per her contract, and any different terms should have been communicated to her.
Whether commission was payable for two years
Commission was payable for one year only, as the Kisii contract ran for one year
The respondent evidence, which the court accepted, was that the contract signed on 22nd October 2013 was for one year up to 22nd October 2014. The court therefore computed commission at 10% of Kshs.540,000 per month for one year, i.e. Kshs.648,000, less Kshs.81,000 already paid, leaving Kshs.567,000.
Legal principles established
#- Where an engagement contract provides a single payment parameter (commission), an employer cannot unilaterally vary the terms of payment for a particular transaction without communicating new terms to the agent
Court orders
#- 1.Judgment entered for the claimant against the respondent in the sum of Kshs.567,000/-
- 2.The sum to attract interest at court rates from the date of judgment
- 3.The respondent to pay the claimant's costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the claimant's memorandum of claim for unlawful termination and unpaid commission (Employment and Labour Relations Court Act; Labour Relations Act not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Roseline Ohanya v Emergency Plus Medical Services [2019] KEELRC 1028 (KLR)", Case Analysis (2019). Cause No 302 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1028/eng@2019-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.