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ELRCPartially AllowedCause No 200 of 2017· [2021] KEELRC 643 (KLR)

William Muregi Mwangi v Highridge Secondary School [2021] KEELRC 643 (KLR)

Employment and Labour Relations Court
27 October 2021
JGJacob Gakeri
1,744 words in judgment
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The bottom line

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A Kenyan school unfairly fired a teacher without a valid reason or hearing, and the court awarded him Kshs.80,000 in terminal dues and compensation.

What this practically means

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Executive summary

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The Claimant, a registered teacher, sued the Respondent school alleging unlawful, wrongful and unfair termination of his employment on 6th December 2016. He sought a declaration that the termination was unlawful, salary for November and December 2016 (Kshs.40,000), one month's pay in lieu of notice (Kshs.20,000), gratuity (Kshs.14,000), accrued leave (Kshs.63,000), damages for wrongful termination, costs and interest. The Respondent did not participate despite service of summons and hearing notices; the claim proceeded as an undefended suit and the Claimant adopted his witness statement and documents as evidence. The Court framed three issues: whether a contract of service existed, whether the termination was unfair, and entitlement to reliefs. It found a contract of service existed, evidenced by the termination letter, with the salary of Kshs.20,000 per month taken from the Claimant's uncontroverted testimony. Applying Sections 43 and 45 of the Employment Act and the substantive-plus-procedural fairness standard from Walter Ogal Anuro v Teachers Commission [2013] eKLR, the Court held the termination unfair: no valid reason was given beyond an unsupported assumption that recruitment by the Teachers Service Commission meant the Claimant would leave, and no hearing was afforded. On reliefs, the Court awarded Kshs.40,000 for November and December salary, Kshs.20,000 in lieu of notice, and Kshs.20,000 as one month's salary compensation under Section 49(1), considering the 11 months of service and the Claimant's prompt TSC engagement. Gratuity and accrued leave claims were rejected for want of evidence. Judgment was entered for the Claimant for Kshs.80,000 with costs and interest at Court rates from the date of judgment until payment in full. The judgment was delivered virtually at Nairobi on 27th October 2021 by Dr. Jacob Gakeri, J.

Key legal issues

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01

Existence of a contract of service

Holding

A contract of service existed, evidenced by the termination letter, but the terms (other than salary of Kshs.20,000) were undefined

Reasoning

The Claimant had no written contract or appointment letter. The termination letter evidenced a contract of service, though the terms were undefined. In the absence of contrary evidence, the Court relied on the Claimant's uncontroverted testimony that his salary was Kshs.20,000 per month.

p. 2
02

Whether the termination was unfair

Holding

The termination was unfair for want of substantive and procedural fairness

Reasoning

The termination letter gave no valid reason beyond an assumption that recruitment by the TSC meant the Claimant would leave, which was unsupported by evidence. No reason was given and no disciplinary hearing was conducted, contrary to Sections 43 and 45 of the Employment Act.

p. 3
03

Entitlement to reliefs

Holding

Salary for November and December (Kshs.40,000), one month's pay in lieu of notice (Kshs.20,000) and one month's salary as compensation under Section 49(1) (Kshs.20,000) awarded; gratuity and accrued leave rejected

Reasoning

Terminal dues and damages were assessed on the evidence. Compensation was limited to one month's salary given the short service of 11 months and the Claimant's almost immediate engagement by the TSC. Gratuity and leave claims failed for want of proof.

p. 3

Legal principles established

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  • A termination of employment must satisfy both the substantive and procedural fairness test under Section 45 of the Employment Act
  • Section 45 of the Employment Act sets out the conditions a termination must meet to pass the fairness test

Court orders

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  1. 1.Judgment entered for the Claimant for Kshs.80,000 with costs
  2. 2.Interest at Court rates from the date of judgment till payment in full
  3. 3.It is so ordered

Authorities

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Legislation

  • Employment ActSections 35, 40, 41, 42, 43, 44, 45
  • Employment Act, 2007Section 49(1)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticles 159(2)(d) and 48

Cases cited (1)

  • Walter Ogal Anuro v Teachers Commission
    [2013] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations disputes (statement of claim filed under the Employment Act, 2007); Article 159(2)(d) and Article 48 of the Constitution cited in the delivery order

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, "William Muregi Mwangi v Highridge Secondary School [2021] KEELRC 643 (KLR)", Case Analysis (2021). Cause No 200 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/643/eng@2021-10-27

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