Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No 260 of 2018· [2023] KEELRC 271 (KLR)

Kanyungi v Ruaraka Academy (Cause 260 of 2018) [2023] KEELRC 271 (KLR)

Employment and Labour Relations Court
3 February 2023
3,182 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that even a well-founded dismissal is unlawful if the employer skips a fair hearing before firing the employee.

What this practically means

#

Executive summary

#
The claimant, a teacher employed by the respondent school from 9th February 2015 and head of its English Department, was terminated by letter dated 26th July 2017 on grounds of poor performance in the English subject, specifically failure to give students compositions as required by departmental resolutions, and suspicion that he was marking compositions for another school. He sued for general damages for unlawful and unfair termination, compensation for loss of office, costs and interest, contending his termination breached disciplinary procedures and denied him a hearing. The respondent maintained two warning letters had been issued, that the claimant admitted unsatisfactory performance, and that the termination was lawful. The court framed three issues: justifiable reason, procedural fairness, and entitlement to reliefs. On substance, it found the respondent had discharged its burden under sections 43(1) and 45(2)(a) and (b) of the Employment Act: departmental minutes approved by the claimant required one composition per week, and exhibited extracts showed non-compliance which the claimant never challenged. However, on procedure, the court found no evidence that the claimant was accorded the hearing contemplated by section 41; he was neither notified that termination was being considered nor given an opportunity to defend himself. The termination was therefore substantively justified but procedurally unfair and unlawful under section 45(2)(c). The court entered judgment for the claimant, awarding compensatory damages of Kshs 265,500.00, equivalent to three months' gross salary, with interest at court rates from the date of judgment, and costs of the suit.

Key legal issues

#
01

Justifiable reason for termination

Holding

The respondent proved a valid and fair reason - the claimant's non-compliance with departmental resolutions on composition writing.

Reasoning

Section 43(1) requires the employer to prove reasons for termination, and section 45(2)(a) and (b) require those reasons to be valid and fair. Departmental minutes approved by the claimant required one composition per week. Extracts of students' composition books showed clear non-compliance, which the claimant never challenged in his reply or evidence. As head of department he should have led implementation of the resolutions. The termination was therefore substantively fair.

p. 5
02

Procedural fairness prior to termination

Holding

The claimant was not afforded a fair hearing; termination was procedurally unfair and unlawful under section 45(2)(c).

Reasoning

Section 41 requires an employer, before terminating for poor performance, to explain the reasons to the employee and to hear and consider any representations. There was no indication on the record that the respondent subjected the claimant to any such process. No meeting or hearing was held, and the employee was entitled to notice of the reasons and an opportunity to defend himself regardless of the gravity of the allegations.

p. 6
03

Reliefs

Holding

Compensatory damages of three months' gross salary awarded, taking into account the length of employment.

Reasoning

Because the termination was substantively justified but procedurally flawed, the court declined to grant the full reliefs sought. It instead awarded compensatory damages equivalent to three months' gross salary, factoring in the length of the employment relationship, with interest at court rates from judgment and costs of the suit to the claimant.

p. 6

Legal principles established

#
  • An employer must prove both that the reason for termination is valid and that it is a fair reason under sections 43(1) and 45(2) of the Employment Act.
  • Under section 41 of the Employment Act, an employer must, before terminating on grounds of poor performance, explain the reasons to the employee and hear his representations.

Court orders

#
  1. 1.Judgment entered in favour of the claimant against the respondent
  2. 2.Compensatory damages awarded in the sum of Kshs 265,500.00, being equivalent to three months of the claimant's gross salary
  3. 3.Interest on the award at court rates from the date of judgment until payment in full
  4. 4.Claimant awarded the costs of the suit

Authorities

#

Legislation

  • Employment Actsection 43(1)
  • Employment Actsection 45(2)(a) and (b)
  • Employment Actsection 45(2)(c)
  • Employment Actsection 41(1) and (2)
  • Employment Actsection 47(5)
  • Employment Actsection 42(1)
  • Employment Actsection 44(3) and (4)
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48

Cases cited (5)

  • Kenya Union of Commercial Food & Allied Workers v Meru North Farmers SACCCO Limited
    Cause no. 74 of 2013
  • Ol pejeta Ranching Limited v David Wanjau Muhoro
    [2017] eKLR
  • James Mchovoti Nalisi vs Eclipse International Limited
    (2019) eKLR
  • Amos Kitavi Kivite v Kenya Revenue Authority
    [2020] eKLR
  • John Munyao v Teachers Service Commission
    [2018] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kanyungi v Ruaraka Academy (Cause 260 of 2018) [2023] KEELRC 271 (KLR)", Case Analysis (2023). Cause No 260 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/271/eng@2023-02-03

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