John Wanjala Muchele v Kenya Union of Post Primary Teachers [2022] KEELRC 750 (KLR)
The bottom line
#An employee suing his union branch for Kshs 4.9 million lost because his pay already exceeded the agreed formula and he never formally claimed dismissal damages.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to salary pegged at 6% of the Respondent's collection dues
The claim failed because the salary actually paid exceeded the 6% formula
The court adopted the minutes of 2007 showing monthly collections of about Kshs. 80,000/- and CW2's evidence of collections of Kshs. 136-138,000/- per month. Six per cent of Kshs. 138,000/- is Kshs. 8,280/-. The Claimant admitted he was being paid Kshs. 12,000/- per month, which exceeds the 6% entitlement. The Claimant also admitted he had not filed his computation in court. Accordingly, no arrears were due.
Salary from January 2015 onwards
Not payable because filing of the claim operated as constructive dismissal effective 1st January 2015
There was no termination letter. The court held that by filing and serving the claim the Claimant terminated the employment himself by constructive dismissal, so no salary accrued after 1st January 2015. The Claimant had not pleaded damages for that termination, and the court declined to award Section 49 remedies outside the pleadings.
Legal principles established
#- Parties are bound by their pleadings; a court cannot award remedies not pleaded
- Filing of a suit against an employer and service thereof may amount to constructive dismissal, terminating entitlement to salary from the date of service
Court orders
#- 1.The claim is dismissed
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment claims (Employment Act; ELRC Act) - not expressly cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Wanjala Muchele v Kenya Union of Post Primary Teachers [2022] KEELRC 750 (KLR)", Case Analysis (2022). Not stated in judgment (claim dated 18th December 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/750/eng@2022-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.