Kombo v Governor Lamu County & 2 others (Petition E003 of 2021) [2022] KEELRC 1407 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to a certificate of service
The 3rd Respondent is under a mandatory statutory duty to issue the Applicant a Certificate of Service since the employment relationship has been terminated
Section 51 of the Employment Act obliges an employer to issue a certificate of service upon termination unless employment lasted under four weeks. The Applicant served more than a month and the Respondents' own position was that his employment was terminated, evidencing severance. Failure to issue the certificate also stalls processing of terminal dues. The plea, though not specifically made in the petition, is covered by the statute.
Governing law for assessment of compensation for a county public servant
Section 49 of the Employment Act, not the County Governments Act, guides assessment of compensation
Section 3 of the Employment Act extends it to all employment relations except the disciplined forces, Kenya Coast Guards, National Youth Service and family enterprises. County Government employees fall within its scope. The County Governments Act contains no peculiar provisions on computation of compensation, so section 49 provides the guide, as confirmed in the Idriss Aden Mukhtar and Walid Khalid decisions.
Whether failure to consider misfiled submissions is an error apparent on the face of the record warranting review
No review; a court is bound to consider the evidence and applicable law, not necessarily submissions, and dissatisfaction with quantum lies on appeal
The Applicant's submissions were misfiled and not on the record when judgment was written. The court holds that even had the submissions been considered, it would have reached the same conclusion under section 49. Any complaint about the adequacy of the award is a matter suitable for appeal, citing Fredrick Mwania Musava v Alpharama Ltd.
Legal principles established
#- Section 51 of the Employment Act makes issuance of a certificate of service mandatory upon termination of employment
- The Employment Act applies to county public servants; the County Governments Act has no peculiar provisions guiding computation of compensation, so section 49 of the Employment Act applies
- A court may award damages beyond the section 49 ceiling only in the clearest of cases with cogent justification, but is not obliged to do so merely because rights violations were pronounced
- Grievance as to the satisfactoriness of an award of compensation is a matter for appeal, not review
Court orders
#- 1.Application A allowed to the extent that the 3rd Respondent issues the Applicant with a Certificate of Service in terms of section 51 of the Employment Act
- 2.Application B declined
- 3.Each party to bear own costs
- Jurisdiction invoked
- Sections 49 and 51 of the Employment Act; ELRC review jurisdiction over its own decision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kombo v Governor Lamu County & 2 others (Petition E003 of 2021) [2022] KEELRC 1407 (KLR)", Case Analysis (2022). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1407/eng@2022-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.