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ELRCPartially AllowedMemorandum of Claim filed 14th February 2018· [2020] KEELRC 1526 (KLR)

Cathleen Njeri Karianjahi v Presbyterian University Of East Africa (PUEA) [2020] KEELRC 1526 (KLR)

Employment and Labour Relations Court
27 February 2020
MOMaureen Onyango
2,129 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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A former Kenyan university lecturer won only Kshs.288,000 of her Kshs.3.2 million claim because most claims lacked proof or were barred by her signed contract terms.

What this practically means

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Executive summary

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The Claimant, formerly a Lecturer in the Respondent University's Department of Education, was employed on 23rd December 2010 on a three-year contract, converted on 31st August 2011 to permanent and pensionable terms, and resigned on 30th June 2017 citing non-payment of dues. She claimed salary arrears, annual increment, loan arrears, gratuity/pension and general damages totalling over Kshs.3.2 million, alleging breach of contract and frustration of legitimate expectation. The Respondent closed its case without calling any witness but argued the claim was exaggerated and unproven, that gratuity is payable only on termination and not resignation, and that it was liable only for admitted arrears of Kshs.288,000. The court found the resignation was not contested and framed the sole issue as entitlement to the reliefs. It awarded salary arrears limited to the tabulated sum of Kshs.266,820.36 from the Respondent's letter of 11th February 2017, rejecting the larger claim for want of a breakdown and for the post-resignation period. The annual increment prayer was dismissed as unproved. The loan arrears claim failed for lack of a clear tabulation of salary paid against amounts remitted. Gratuity was refused because the Claimant accepted permanent and pensionable terms containing no gratuity provision; the pension claim failed for want of evidence of scheme membership. General damages were refused because the employment ended by voluntary resignation, Section 49 of the Employment Act and Section 12 of the ELRC Act confining compensation to unfair termination. Judgment was entered for the Claimant in the admitted sum of Kshs.288,000 with costs and interest at court rates.

Key legal issues

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01

Salary arrears

Holding

Claimant awarded only the tabulated arrears of Kshs.266,820.36 (part of the admitted sum), as the higher figure of Kshs.604,980.18 was unproved and post-resignation arrears were irrecoverable

Reasoning

The Respondent's letter of 11th February 2017 tabulated arrears from September 2015 to January 2017 at Kshs.266,820.36. The Claimant's larger claim lacked a breakdown, which she admitted in cross-examination, and she could not claim salary for the period after her resignation on 30th June 2017 when she was not employed.

p. 3
02

Loan arrears

Holding

Claim dismissed for failure of proof

Reasoning

Although the Respondent was to deduct Kshs.43,730 monthly towards the loan, the Claimant received random salary payments which the bank deducted, and she failed to provide a clear tabulation of salary paid against amounts remitted and unremitted. The burden of proving the exact shortfall was not discharged.

p. 3
03

Gratuity and pension

Holding

Both claims dismissed

Reasoning

The Claimant signed the letter converting her to permanent and pensionable terms which contained no gratuity provision, so she could not rely on her earlier contract's gratuity clause. On pension, there was no evidence of membership to a pension scheme and no pension deduction appeared on her payslip.

p. 4
04

General damages for breach of contract

Holding

Prayer fails because the employment ended by voluntary resignation, not unfair termination

Reasoning

General damages for unfair termination are anchored on Section 49 of the Employment Act and Section 12 of the ELRC Act, which apply only where termination is unfair. The Claimant resigned voluntarily, so no compensation for unfair termination was available.

p. 4

Legal principles established

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  • Compensation under Section 49 of the Employment Act is only available where an employee's termination is unfair
  • A claimant who fails to provide a breakdown or tabulation of amounts claimed cannot prove special damages
  • An employee who accepts new contractual terms without a gratuity provision cannot claim gratuity based on a previous contract

Court orders

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  1. 1.Judgment entered for the claimant against the respondent in the sum of Kshs.288,000 being the sum admitted
  2. 2.The respondent shall pay claimant's costs
  3. 3.The decretal sum shall attract interest at court rates

Authorities

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Legislation

  • Employment ActSection 38
  • Employment ActSection 36
  • Employment ActSection 49
  • Employment and Labour Relations Court ActSection 12

Cases cited (6)

  • Bamburi Cement Limited v William Kilonzi
    [2016] eKLR
  • Standard Chartered Bank Limited v Intercom Services Limited and Others
    [2004] eKLR
  • Delilah Kerubo Otiso v Ramesh Chander Ndigra
    [2018] eKLR
  • Kenya Tourist Development Corporation v Sundowner Lodge Limited
    [2018] eKLR
  • James Chutha Gathere v Nation Media Group Limited
    [2013] eKLR
  • Kennedy Obala Oaga v Kenya Ports Authority
    [2018] eKLR
Jurisdiction invoked
Employment and Labour Relations Court Act, Section 12

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, "Cathleen Njeri Karianjahi v Presbyterian University Of East Africa (PUEA) [2020] KEELRC 1526 (KLR)", Case Analysis (2020). Memorandum of Claim filed 14th February 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1526/eng@2020-02-27

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