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ELRCDismissed· [2023] KEELRC 662 (KLR)

Sunguti v Kenya National Union of Teachers & another (Employment and Labour Relations Cause 1 of 2019) [2023] KEELRC 662 (KLR)

Employment and Labour Relations Court
9 March 2023
JKJemimah Keli
2,892 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A retired KNUT official's KES 4.9 million claim failed because internal committee proposals never ratified under the union's constitution cannot override the official benefits scheme.

What this practically means

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Executive summary

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The Claimant, a retired branch executive secretary of the 2nd Respondent, sued the Respondents by statement of claim dated 15th February 2019 seeking payment of KES.4,942,936/- plus costs, alleging he was underpaid salary and terminal benefits because the 1st Respondent failed to implement the Ad Hoc Committee report on terms and conditions of service, allegedly adopted by the KNUT NEC on 19th September 2007, which placed him in Job Group M. The Respondents opposed, contending he was paid per the 2003 Staff Terminal Benefits Scheme and that the Ad Hoc report was never ratified by the Annual Delegates Conference as required by Article IX(c) of the KNUT Constitution. They produced an uncontroverted payment statement showing terminal benefits of KES.1,551,820/-, of which KES.1,265,000/- had been paid, leaving KES.286,820/- outstanding. Two witnesses testified for each side and both filed written submissions. The court framed two issues: whether the Claimant's benefits were properly tabulated and whether he was entitled to the reliefs sought. Relying on the Court of Appeal's decision in Kenya National Union of Teachers v George Wesonga Ojwang (2017) eKLR, which found the Ad Hoc proposals were never promulgated by the relevant KNUT committee, and noting the absence of evidence of ADC ratification, the court held the terminal benefits were properly tabulated and the claim wholly without merit. The claim was dismissed with each party bearing own costs, the court noting the Respondents still owe the Claimant KES.286,820/-. A right of appeal within 30 days was given.

Key legal issues

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01

Whether the Claimant's benefits were properly tabulated

Holding

The terminal benefits were properly tabulated under the 2003 Staff Terminal Benefits Scheme and the Job Group M civil service salary scales, since the Ad Hoc Committee report relied on by the Claimant was never promulgated or ratified

Reasoning

The Claimant's case rested entirely on the Ad Hoc Committee report allegedly adopted by NEC on 19th September 2007. The Court of Appeal in Kenya National Union of Teachers v George Wesonga Ojwang (2017) eKLR had already found that the Ad Hoc proposals were never promulgated by the relevant KNUT committee. There was also no evidence that the NEC minutes were ratified by the ADC as required by Article IX(c) of the KNUT Constitution. The payment statement produced by the Respondents was not controverted.

p. 6
02

Whether the Claimant was entitled to the reliefs sought

Holding

The claim for KES.4,942,936/- failed; the only outstanding payment due was KES.286,820/- as per the uncontroverted payment statement

Reasoning

The entire claim was based on alleged underpayment per the Ad Hoc Committee proposals. Given the Court of Appeal's finding that the report was never approved by KNUT's relevant committee, and the absence of proof of ratification under the Respondent's Constitution, the claim lacked merit. The Respondents' payment statement showing an outstanding balance of KES.286,820/- was served and never controverted by the Claimant.

p. 7

Legal principles established

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  • Proposals of an internal committee of a union that were never ratified by the relevant constitutional organ of the union cannot form the basis of a claim for enhanced terminal benefits

Court orders

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  1. 1.The Claim dated 15th February 2019 is found to be without merit and is dismissed
  2. 2.Each party to bear own costs in the claim
  3. 3.Right of appeal in 30 days

Authorities

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Legislation

  • Constitution of Kenya National Union of Teachers (KNUT)Article 1X(c)/Article 9(c)

Cases cited (2)

  • George Wesonga Ojwang v Kenya National Union of Teachers
    (2014) eKLR
  • Kenya National Union of Teachers -vs- George Wesonga Ojwang
    (2017) eKLR
Jurisdiction invoked
First-instance claim before the Employment and Labour Relations Court (specific provision not stated in the judgment)

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, "Sunguti v Kenya National Union of Teachers & another (Employment and Labour Relations Cause 1 of 2019) [2023] KEELRC 662 (KLR)", Case Analysis (2023). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/662/eng@2023-03-09

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