Patrick Kiplangat Kirui v Roadtainers [Msa] Limited [2019] KEELRC 1384 (KLR)
The bottom line
#A Kenyan employer who suspends an employee indefinitely by word of mouth risks the court treating that suspension as unfair termination — and paying heavily for it.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claim was premature given the Respondent's assertion of suspension pending investigations
The Claim was not premature; the indefinite verbal suspension without a reporting date justified the Claimant treating his contract as terminated
The suspension was verbal and indefinite. The Claimant was not given a date to report back or told when investigations would conclude. The Respondent could not justify a claim of prematurity without a written suspension period, and it never recalled the Claimant even after suit was filed. The Court therefore concluded the termination was at the Respondent's instigation.
Whether termination was fair
Termination was unfair both on procedure and substance
No valid reason was shown to justify termination; other employees were arrested and arraigned but the Claimant was not arrested immediately, and his arrest was instigated a year later. No disciplinary hearing was held, no workplace charges were placed before the Claimant, and he was not heard. Termination offended Sections 41, 43 and 45 of the Employment Act.
Remedies payable
Notice pay, 7 months' compensation, pro-rata leave, 8 days' salary, certificate of service, costs and interest granted
The Claimant had worked 2 years and 4 months on an indefinite contract, did not contribute to the loss, and was paid nothing after suspension. Termination was faulty on procedure and substance, justifying 7 months' salary compensation. Pro-rata leave of 14 days and 8 days' salary (on a 26-day working month) were granted; overtime was withdrawn.
Legal principles established
#- Where an employee is suspended verbally and indefinitely without a fixed period or reporting date, the employee cannot be faulted for treating the contract as terminated and filing suit soon after
- Termination without a valid reason and without a disciplinary hearing is unfair under Sections 41, 43 and 45 of the Employment Act
Court orders
#- 1.It is declared termination was instigated by the Respondent and was unfair
- 2.The Respondent shall pay 1 month salary in lieu of notice at Kshs. 75,000
- 3.The Respondent shall pay equivalent of 7 months' salary in compensation for unfair termination at Kshs. 525,000
- 4.The Respondent shall pay pro-rata leave at Kshs. 40,384
- 5.The Respondent shall pay salary for 8 days at Kshs. 23,076 (total Kshs. 663,640)
- 6.Certificate of Service to issue
- 7.Costs to the Claimant
- 8.Interest allowed at 14% per annum from the date of Judgment till payment is made in full
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (Sections 41, 43 and 45 invoked)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patrick Kiplangat Kirui v Roadtainers [Msa] Limited [2019] KEELRC 1384 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1384/eng@2019-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.