Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedMemorandum of Claim dated 28th April 2016, filed 16th June 2016· [2020] KEELRC 1585 (KLR)

Jumaa Kitsao Kahindi v Sailesh Hila t/a Associated Electrical & Hardware Suppliers Ltd [2020] KEELRC 1585 (KLR)

Employment and Labour Relations Court
20 February 2020
LNLINNET NDOLO
853 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The Claimant, employed as a house boy by the Respondent from 13th December 2003 at a monthly salary of Kshs. 10,504, claimed unlawful termination of his employment on 29th January 2016. He alleged the termination followed his complaint about being assigned extra duties without compensation. The Respondent filed a defence but did not attend trial or file submissions; its defence alternatively denied employing the Claimant and asserted that the Claimant deserted duty, resurfaced, and was paid his dues. The Claimant testified and sought notice pay, leave pay, service pay, public holiday pay, underpayment and twelve months' salary in compensation. The Court framed two issues: whether the termination was unlawful and what remedies were due. Relying on the termination letter, which disclosed no reason for termination, and on authority that a deserting employee is entitled to a hearing and that an employer alleging desertion must show efforts to reach the employee and put them on notice, the Court found desertion unproved and held the termination was without justifiable cause and without due procedure. The Court awarded twelve months' salary in compensation (Kshs. 132,684), considering the Claimant's long service and the Respondent's wrongful conduct. The claims for notice and leave pay were found spent, service pay was abandoned, and public holidays and underpayment claims were dismissed as unproved. Judgment was entered with interest at court rates from the date of judgment, plus costs to the Claimant.

Key legal issues

#
01

Whether the termination was unlawful

Holding

The termination was without justifiable cause and without due procedure; the desertion allegation was not proved

Reasoning

The termination letter of 29th January 2016 disclosed no reason for termination. The Respondent alleged desertion in its defence but produced no evidence that it issued any notice to show cause. An employer alleging desertion must demonstrate efforts to contact the employee and notify them that termination on account of desertion is contemplated, and a deserting employee is entitled to a hearing. Having failed to do so, the Respondent did not prove desertion, and termination without valid reason or fair procedure was unlawful.

p. 2
02

Appropriate remedies

Holding

Twelve months' salary awarded as compensation, considering the Claimant's long service and the Respondent's wrongful conduct

Reasoning

Having found the termination unlawful, the Court awarded the maximum compensation of twelve months' salary, guided by the Claimant's long service since 2003 and the Respondent's wrongful conduct. Claims for notice and leave pay failed as already paid; service pay was abandoned; public holidays and underpayment were unproved and dismissed.

p. 2

Legal principles established

#
  • An employer asserting desertion must show it made efforts to reach the employee and put them on notice that termination on account of desertion was under consideration
  • A deserting employee is entitled to a hearing before termination

Court orders

#
  1. 1.Judgment entered in favour of the Claimant in the sum of Kshs. 132,684 being 12 months' salary in compensation for unlawful termination of employment
  2. 2.The award to attract interest at court rates from the date of judgment until payment in full
  3. 3.The Claimant to have the costs of the case

Authorities

#

Cases cited (2)

  • James Okeyo v Maskant Flower Limited
    [2015] eKLR
  • Evans Ochieng Oluoch v Njimia Pharmaceuticals Limited
    [2016] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jumaa Kitsao Kahindi v Sailesh Hila t/a Associated Electrical & Hardware Suppliers Ltd [2020] KEELRC 1585 (KLR)", Case Analysis (2020). Memorandum of Claim dated 28th April 2016, filed 16th June 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1585/eng@2020-02-20

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