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ELRCDismissedCause No 100 of 2018· [2022] KEELRC 150 (KLR)

Geofrey v Principal Bomet University College & another (Cause 100 of 2018) [2022] KEELRC 150 (KLR)

Employment and Labour Relations Court
22 April 2022
3,800 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court dismissed the claims but awarded the employee costs because his employer forced him to litigate, while his unfiled amended claim sank key reliefs.

What this practically means

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Executive summary

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The claimant, initially employed by Moi University and later seconded to Bomet University College upon its elevation to a constituent college, sued over his suspension, redeployment to the academic department (which ended his part-time studies), and alleged defamation and victimisation. While the suit was pending, the respondent redeployed him back to Moi University in March 2019 and stopped his salary; he resigned in November 2019. Following court-encouraged settlement, an Ad-Hoc committee recommended his recall and regularization, and he resumed work under a new employment letter dated 20th February 2020. He later tendered a second resignation on 6th February 2021, which the respondent accepted. The court framed three issues: the validity of the amended claim, constructive dismissal, and entitlement to reliefs. It held that although leave to amend was granted on 28th October 2021, the claimant never filed the amended pleading, so only the initial claim of 27th September 2018 was before the court; all intermediate 'pleadings' filed without leave were invalid. The constructive dismissal claim arising from the first resignation was compromised by the reinstatement and overtaken by events, while the second resignation, salary arrears and terminal benefits were unpleaded new causes of action. Declaratory orders and reinstatement were refused as overtaken by events, and damages for defamation and psychological trauma failed for want of proof. However, costs of the suit were awarded to the claimant because he was forced to come to court by the respondent. The parties were granted liberty to resolve the question of salary for the period March 2019 to February 2020 outside the pleadings. Judgment delivered virtually at Nakuru on 22nd April 2022.

Key legal issues

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01

Validity of the amended statement of claim

Holding

No valid amended claim was on record; only the initial claim filed 27th September 2018 could be determined.

Reasoning

Rule 14(6) of the ELRC (Procedure) Rules, 2016 requires leave for amendments after defence is filed. Leave was granted by Wasilwa J on 28th October 2021, but the claimant never filed the amended pleading or paid the requisite fees. Documents filed by the claimant in person without leave were invalid and could not be considered.

p. 7
02

Whether the resignation amounted to constructive dismissal

Holding

The claim was compromised by the negotiated reinstatement and was overtaken by events; the second resignation and related claims were unpleaded new causes of action.

Reasoning

The court applied the test in Coca Cola v Ligaga. The first resignation of 8th November 2019 was followed by an Ad-Hoc committee process, reinstatement and a new employment letter dated 20th February 2020, compromising the constructive dismissal claim. The second resignation of 6th February 2021 was never pleaded in the valid claim.

p. 7
03

Entitlement to the reliefs sought

Holding

Declaratory orders and reinstatement were overtaken by the compromise; defamation and psychological trauma damages failed for want of proof.

Reasoning

The court assessed each head of relief against the pleadings and evidence. Since the constructive dismissal claim was compromised and the defamation tort was not proved on a balance of probability, the substantive reliefs could not issue, though costs were awarded to the claimant who was forced to litigate.

p. 7

Legal principles established

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  • After leave to amend a claim is granted under Rule 14(6) of the ELRC (Procedure) Rules, 2016, the party must actually file the amended pleading; without a valid amendment the court determines the claim on the initial pleading only.
  • Constructive dismissal requires the employee to demonstrate repudiatory breach by the employer making continued employment intolerable.

Court orders

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  1. 1.Declined to grant the declaratory orders sought by the claimant as the constructive dismissal claim was compromised
  2. 2.Declined the prayer for reinstatement as overtaken by events
  3. 3.Declined the claim for general damages for defamation and psychological trauma for failure of proof
  4. 4.Awarded costs of the suit to the claimant
  5. 5.Granted parties liberty to resolve the question of salary for the period between redeployment to Moi University in March 2019 and February 2020

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 14(6)
  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 28(3)

Cases cited (4)

  • Board of Governors, Changamwe Secondary School v Commissioner of Lands & 2 others
    [2018] eKLR
  • Rev. John Mugania v Kenya Methodist University & Prof. Mutuma Mugambi
    Cause No. 133 of 2013
  • Coca Cola East and Central Africa Limited v Maria Kagai Ligaga
    [2015] eKLR
  • Nation Newspapers Limited v Lydia Chesire
    [1984] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment and labour relations claims; Employment and Labour Relations Court (Procedure) Rules, 2016

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, "Geofrey v Principal Bomet University College & another (Cause 100 of 2018) [2022] KEELRC 150 (KLR)", Case Analysis (2022). Cause No 100 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/150/eng@2022-04-22

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