Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No 440 of 2017· [2019] KEELRC 2153 (KLR)

Jonah Musa Magambo v Kenya Airports Authority [2019] KEELRC 2153 (KLR)

Employment and Labour Relations Court
28 February 2019
901 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court confirmed employers cannot withhold severance pay because of pending criminal charges, though it refused damages for malicious prosecution.

What this practically means

#

Executive summary

#
Following a partial consent recorded on 9th October 2018 whereby the Respondent agreed to pay the Claimant Kshs. 3,096,893.75 plus a certificate of service, the court was left to determine damages, interest and costs. The Claimant sought general damages of Kshs. 4,000,000 for malicious prosecution and false imprisonment following his arrest on 23rd January 2007 and seven days' detention, plus special damages of Kshs. 500,000 for defending Criminal Case No. 2312 of 2006, in which he was acquitted under Section 215 of the Criminal Procedure Code. He also claimed interest at 14% from the date of retirement on his severance pay. The Respondent argued that the court lacked jurisdiction over civil claims of unlawful arrest and detention and that the claims were unproved; it maintained severance pay was withheld only because of the criminal charges. Applying the elements of malicious prosecution from Murunga v Attorney General and Kagane & others v Attorney General, the court held that the Respondent merely lodged a complaint and the police, acting independently, decided to charge the Claimant, so no malicious prosecution by the Respondent was established and both general and special damages were dismissed. On interest, the court found no legal basis for withholding severance pay, a right of all employees declared redundant, and awarded interest at court rates on the consented sum from the date of filing suit until payment in full, to be assessed by the Deputy Registrar within twenty-one days. As the claim succeeded only in part, the Respondent was ordered to pay half the costs.

Key legal issues

#
01

Whether the Claimant was entitled to damages for malicious arrest and prosecution

Holding

The claim failed; the Respondent did not institute the prosecution, which was the product of independent police investigation

Reasoning

Applying the established elements of malicious prosecution from Murunga v Attorney General and Kagane & others v Attorney General, the court held that the Respondent merely lodged a complaint with the police. The police conducted independent investigations and made the decision to charge. There was no evidence the Respondent instituted the prosecution or influenced the decision to charge, so an essential element was missing.

p. 2
02

Whether the Claimant was entitled to interest on the severance pay

Holding

Yes, at court rates from the date of filing suit until payment in full

Reasoning

The court found no legal basis for the Respondent's withholding of severance pay due to pending criminal charges. Severance pay is a statutory right for employees declared redundant, and the Respondent's conduct was unjustifiable. Interest at court rates was awarded on the consented sum from the date of filing suit, to be assessed by the Deputy Registrar.

p. 2
03

Who should bear the costs of the case

Holding

The Respondent to pay half the costs since the Claimant succeeded only in part

Reasoning

Because the claim succeeded only on the interest head and failed on damages, the court exercised its discretion to award the Claimant only half of the costs of the case rather than full costs.

p. 2

Legal principles established

#
  • There is no legal basis for an employer to withhold severance pay on account of pending criminal proceedings against the employee; severance pay is a right to all employees leaving employment on the ground of redundancy
  • An employer who merely lodges a complaint with police, which then independently investigates and decides to charge, is not liable for malicious prosecution

Court orders

#
  1. 1.The claims for general and special damages for malicious arrest and prosecution are dismissed
  2. 2.The Claimant is awarded interest at court rates on the agreed sum of Kshs. 3,096,893.75 from the date of filing suit until payment in full
  3. 3.The Deputy Registrar to assess the interest payable within twenty-one (21) days from the date of the judgment, in the presence of both parties
  4. 4.The Respondent to pay the Claimant half of the costs incurred in the case

Authorities

#

Legislation

  • Criminal Procedure CodeSection 215

Cases cited (4)

  • Sammy Kiprotich Tangus v Attorney General
    [2015] eKLR
  • Chrispine Otieno Caleb v Attorney General
    [2014] eKLR
  • George Ngige Njoroge v Attorney General
    [2018] eKLR
  • Kagane & others v Attorney General
    [1969] EALR 643
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (severance pay on redundancy); not stated by specific provision in judgment

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jonah Musa Magambo v Kenya Airports Authority [2019] KEELRC 2153 (KLR)", Case Analysis (2019). Cause No 440 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2153/eng@2019-02-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.