Lawrence Paul Munyi & 2 others v Attorney General [2021] KEELRC 866 (KLR)
The bottom line
#Kenya's Employment Court awarded over 500 meteorological assistants Kshs.270,000 each after a 20-year delay in upgrading their jobs and paying their salaries.
What this practically means
#Executive summary
#Key legal issues
#Measure of damages for breach of contract
Since salary arrears were paid in full in 2015, no further damages for breach were payable beyond the cost of waiting, awarded as a flat Kshs.70,000 per claimant
The financial loss from the breach was the withheld salary increments, which the employer paid in 2015 following the partial judgment. The precedents cited by the claimants for 12 months' gross salary were distinguishable. The only remaining head was the cost of waiting for payment, equated with interest on the arrears; given over 500 claimants and arrears spanning years, a flat figure of Kshs.70,000 per claimant was reasonable and time-saving.
Violation of the right to protection from discrimination
The failure to upgrade the claimants as directed, while some colleagues were upgraded, violated section 82 of the retired Constitution and Article 27 of the current Constitution
The claimants established they were treated differently from other officers in their cadre. A letter dated 5.9.2014 from the Permanent Secretary listed officers who had already been upgraded, confirming differential treatment. The 20-year delay despite advice from the DPM and PSC was described as grave, unjustified, callous and inhuman. General damages of Kshs.200,000 per affected claimant were awarded, balancing the parties' interests and the numbers involved.
Costs of the suit
Costs awarded to the claimants because no defence was filed and the respondent caused proceedings to drag for 17 years
The respondent denied liability by letter, never filed a defence even after leave was granted, and caused the proceedings to drag for 17 years. Fairness dictated that the claimants be awarded costs with interest at court rates from the date of judgment.
Legal principles established
#- Damages for breach of an employment contract equal the total financial loss suffered, subject to the duty to mitigate
- The cost of waiting for payment is interest on the principal sum
- Failure to upgrade some officers as directed while others were upgraded constitutes unlawful discrimination
Court orders
#- 1.Each claimant is awarded Kshs.70,000 as interest on the salary arrears paid to them after the delay in upgrading their positions
- 2.Each Claimant who was affected by the Respondent's violations of their right to protection from discrimination is awarded Kshs.200,000 as general damages for violation
- 3.The Claimants are awarded costs plus interest at Court rates from the date of the judgment
- 4.The awards are in addition to the orders and reliefs granted by Hon Justice P. Kihara Kariuki in his partial Judgment of 10.5.2004
- Jurisdiction invoked
- Transferred to the ELRC by the High Court under the new constitutional dispensation (order dated 8.2.2019); original employment dispute jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lawrence Paul Munyi & 2 others v Attorney General [2021] KEELRC 866 (KLR)", Case Analysis (2021). Cause No 86 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/866/eng@2021-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.