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ELRCDismissedMemorandum of Claim filed 18th December 2014 (claim number not stated in judgment)· [2019] KEELRC 1659 (KLR)

Maina Munyua v AMREF Health Africa (Previously Africa Medical and Research Foundation Kenya) [2019] KEELRC 1659 (KLR)

Employment and Labour Relations Court
6 May 2019
3,454 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Claimant, employed by the Respondent from 1st March 2002 and promoted in 2008 to Project Assistant - Laboratory Technician, was terminated on 27th February 2014 for lacking a valid practising licence from the Kenya Medical Laboratory Technicians and Technologists Board, in the context of the Respondent's laboratory accreditation process. He sued for unpaid salary for 10 days in May 2014, pay in lieu of 8 leave days, and twelve months' salary as compensation for wrongful dismissal, alleging the termination was unfair and discriminatory because he held a provisional licence and was replaced by an unqualified intern. The Respondent defended the termination as justified, citing the Claimant's failure of Board examinations and breach of Clause 13 of the Service Agreement. The claim was disposed of by written submissions. The court identified three issues: unfairness, discrimination, and entitlement to reliefs. It held the Respondent had a valid reason, as the Claimant had ample notice, was given a chance to re-sit failed examinations, admitted by email in February 2014 that he had been referred in Haematology, and did not hold the provisional licence at the critical time. The discrimination claim failed for want of proof that the replacement intern was unqualified. The salary claim failed because the termination letter fixed his last working day at 30th April 2014; the leave claim failed because he took his leave during the notice period, as he conceded in his own letter of 18th June 2014; and the compensation claim fell with the unfairness claim. The entire claim was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the termination was unfair (reason for termination)

Holding

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.

Reasoning

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.

p. 5
02

Whether the Claimant was discriminated against for failure to possess a practising licence

Holding

No discrimination was proved.

Reasoning

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.

p. 5
03

Whether the Claimant is entitled to the reliefs sought

Holding

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.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The entire claim fails and is dismissed.
  2. 2.Each party shall bear its own costs.

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 41(1)
  • Employment Actsection 5
  • Employment Act 2007section 43(2)
  • Employment Actsection 41
  • Employment Actsection 47(5)
  • Employment Actsection 49

Cases cited (7)

  • James Mwathi Nguri v Egerton University
    [2013] eKLR
  • Moses Kaunda Moro v CMC Motors Group Ltd
    [2013] eKLR
  • Kenya Airways Limited v Aviation & Allied Workers Union Kenya & 3 Others
    [2014] eKLR
  • Nazareno Kariuki v Feed the Children Kenya
    [2013] eKLR
  • Anthony Mkala v Malindi Water & Sewerage Company Ltd
    [2013] eKLR
  • Sarah Wanyaga Muchiri v Henry Kathii & another
    [2014] eKLR
  • Kenya Petroleum Oil Workers Union v Kenya petroleum refineries Ltd
    [2013] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act 2007 (unfair termination and employment claims)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.