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ELRCPartially AllowedNot stated in the judgment excerpt· [2021] KEELRC 1712 (KLR)

Texas Alarms (K) Limited v Juma Ramadhan Sadiki [2021] KEELRC 1712 (KLR)

Employment and Labour Relations Court
21 May 2021
BOByram Ongaya
2,834 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court in Mombasa found a security guard had resigned voluntarily, cancelling a Kshs. 203,335 award against his former employer.

What this practically means

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Executive summary

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The respondent, a day-time security guard, sued the appellant before the subordinate court claiming unfair and unlawful termination from employment, seeking declarations and damages totalling Kshs. 287,335.00. The trial court found the termination unfair for non-compliance with section 41 of the Employment Act, 2007 and awarded Kshs. 203,335.00 (six months' compensation, notice pay, accrued leave, unpaid salary and uniform refund) plus costs and interest. The appellant appealed, contending that the respondent deserted duty on 28.07.2018 and voluntarily resigned by letter on 17.09.2018, and that the awards were erroneous. On the first appeal, the court re-evaluated the evidence on the settled first-appeal principle. It found the respondent's account inconsistent - he had not pleaded the resignation letter, alleged illiteracy, or given coherent dates - while the appellant's witnesses consistently testified that the respondent deserted duty and resurfaced with a signed resignation letter which the appellant accepted. The court held the contract of service ended by the respondent's voluntary resignation, so no unfair termination arose. It further found the trial court's awards unjustified: notice pay did not arise, the respondent had confirmed receiving final dues of Kshs. 3,746.00 covering pro-rata leave and uniform refund, and salary for days worked had been paid. Allowing the appeal, the court set aside the trial judgment and decree and ordered the respondent to pay the appellant's costs of both the suit and the appeal.

Key legal issues

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01

Whether the respondent was unfairly terminated or voluntarily resigned

Holding

The respondent resigned voluntarily; his evidence was inconsistent and the resignation letter of 17.09.2018 was signed by him and accepted by the appellant.

Reasoning

The respondent never pleaded the resignation letter or alleged illiteracy; he testified in Swahili and confirmed writing the letter. His dates of alleged termination were inconsistent, and the labour officer's letter contradicted his pleaded case. The appellant's witnesses were consistent that he deserted duty and resurfaced with a resignation letter.

p. 4
02

Whether the trial court's awards of remedies were justified

Holding

The trial court erred: no unfair termination was proved, and the awards on compensation, notice, leave, salary and uniform were unjustified as those dues had been paid or did not arise.

Reasoning

Without unfair termination, section 49 compensation could not arise; the trial court gave no justification for awarding 6 months. The respondent confirmed receiving final dues of Kshs. 3,746.00 covering pro-rata leave and uniform refund, and salary for days worked had been paid.

p. 4

Legal principles established

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  • In a first appeal, the court is not bound by the trial court's findings of fact but must reconsider and evaluate the evidence and draw its own conclusions, making due allowance for not having seen or heard the witnesses.
  • Parties are bound by their pleadings; matters not pleaded, such as alleged illiteracy or failure to understand the resignation letter, cannot sustain a case.

Court orders

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  1. 1.The appeal is allowed
  2. 2.The judgment and the decree by the trial Court is set aside and the respondent to pay the appellant's costs of the suit
  3. 3.The respondent to pay the appellant's costs of the appeal

Authorities

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Legislation

  • Employment Act, 2007section 41
  • Employment Act, 2007section 44(1)
  • Employment Act, 2007section 49

Cases cited (2)

  • Selle-Versus- Associated Motor Boat Co. of Kenya & Others
    (1968) EA 123
  • Abdul Hameed saif –Versus- Ali Mohamed Sholan
    (1955) 22 EACA 270
On appeal from
Subordinate Court (trial Court)
Not stated (memorandum of claim filed 12.02.2019)
Jurisdiction invoked
First appellate jurisdiction over the subordinate court's judgment in an employment claim (parties treated it as a first appeal requiring re-evaluation of evidence)

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, "Texas Alarms (K) Limited v Juma Ramadhan Sadiki [2021] KEELRC 1712 (KLR)", Case Analysis (2021). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1712/eng@2021-05-21

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