Maina Munyua v AMREF Health Africa (Previously Africa Medical and Research Foundation Kenya) [2019] KEELRC 1659 (KLR)
The bottom line
#Kenya's Employment Court ruled that an employer can lawfully dismiss an employee who, despite warnings and chances, never obtains a required professional licence.
What this practically means
#Executive summary
#Key legal issues
#Whether the termination was unfair (reason for termination)
The termination was not unfair; the Respondent had a valid reason as the Claimant failed to acquire the requisite KMLTTB practising licence despite notice and opportunity.
The parties did not dispute the reason for termination - lack of a valid practising licence, as stated in the termination letter of 27th February 2014. The Claimant was given notice in the 7th October 2013 meeting, a chance to re-sit failed exams, and knew failure would end his employment. As at 7th October 2013 he did not hold the provisional licence later issued on 12th February 2014, and in February 2014 he admitted he had been referred in Haematology. The employer's accreditation requirements made the qualification genuinely necessary, so the reason was valid.
Whether the Claimant was discriminated against for failure to possess a practising licence
No discrimination was proved.
The Claimant alleged he was replaced by an unlicensed intern. The Respondent showed the alleged intern was hired by the Claimant himself. The intern's short-term contract did not state her professional qualifications, so the Claimant could not demonstrate she was less qualified or that his recruitment of her amounted to discrimination.
Whether the Claimant is entitled to the reliefs sought
All reliefs refused: salary for May 2014 and leave pay not proved or were covered by notice-period leave, and compensation fails with the unfairness claim.
The termination letter fixed the last working day at 30th April 2014 and the Claimant's own 18th June 2014 letter conceded payment up to that date and advice to take his 8 days' leave during the notice period. Having failed to prove unfair termination, the claim for 12 months' compensation necessarily failed. The entire claim was dismissed with each party bearing its own costs.
Legal principles established
#- An employer has a valid reason to terminate an employee who fails, after ample notification and opportunity, to achieve the qualifications required for the position.
- A claimant alleging discrimination bears the burden of demonstrating it; failure to show the comparator was unqualified defeats the claim.
Court orders
#- 1.The entire claim fails and is dismissed.
- 2.Each party shall bear its own costs.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 (unfair termination and employment claims)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina Munyua v AMREF Health Africa (Previously Africa Medical and Research Foundation Kenya) [2019] KEELRC 1659 (KLR)", Case Analysis (2019). Memorandum of Claim filed 18th December 2014 (claim number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1659/eng@2019-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.