Lucy Wambui Waweru v Methodist Church in Kenya Registered Trustees & Another [2020] KEELRC 958 (KLR)
The bottom line
#Kenya's Employment Court ruled a church unfairly fired its youth pastor because her disciplinary hearing wasn't properly convened, awarding five months' salary.
What this practically means
#Executive summary
#Key legal issues
#Whether the Leaders Meeting was validly constituted as a Court of Discipline
The meeting of 10 April 2013 was not validly constituted because the PCEA and Anglican Church representatives were not invited or present; the termination decision was made by an entity without such power under the Trust Deed
Clause 8 of the Trust Deed designates the Leaders Meeting, properly convened with representatives of the PCEA and the Anglican Church, as the Court of Discipline. The Respondents' own witness confirmed the PCEA representative was not invited to the meeting at which the Claimant's conduct was considered. Without those representatives the forum was not validly constituted, so the termination decision lacked a proper disciplinary foundation.
Whether the termination met the statutory procedural requirements
The termination did not meet the minimum statutory threshold; it was procedurally unfair
Sections 35(1)(c) and 41 of the Employment Act require written notice and an opportunity to be heard. The Claimant received no show-cause notice setting out the allegations arising from the 6 April 2013 meeting, the invitation gave insufficient time to prepare a defence or bring a colleague, and her sponsoring Church's representative was excluded. The process failed both the Respondents' internal standards and statutory minimums despite payment in lieu of notice.
Quantum of compensation for unfair termination
Five months' gross salary (Kshs 354,000/-) awarded considering about 3 years of service
The Claimant served approximately 3 years. Taking length of service into account, the Court considered the equivalent of 5 months' gross salary of Kshs 70,800/- fair and appropriate compensation for the unfair termination.
Legal principles established
#- A disciplinary forum under a trust deed must be properly constituted as prescribed; a decision made by a body not validly constituted is made by an entity without such power
- Sections 35(1)(c) and 41 of the Employment Act require written notice of termination and an opportunity to be heard before termination
- A claimant asserting discriminatory pay must prove a comparator doing equal work or work of equal value and conditions giving rise to a presumption of unequal pay
Court orders
#- 1.Declaration that the termination of the Claimant's service was unfair
- 2.Award of compensation equivalent to 5 months gross salary of Kshs 354,000/-
- 3.Declined relief on airtime loss claim
- 4.Dismissal of the underpayment/discriminatory pay claim
- 5.Denial of costs to the Claimant for failure to file submissions
- Jurisdiction invoked
- Employment and labour relations jurisdiction over the claim for unfair termination and breach of contract (Employment Act, 2007)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Wambui Waweru v Methodist Church in Kenya Registered Trustees & Another [2020] KEELRC 958 (KLR)", Case Analysis (2020). Cause No 445 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/958/eng@2020-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.