Sapayia & another (Both suing as personal representatives of the Estate of Daniel Munei Sapayia - Deceased) v Registered Trustees of Africa Inland Church Kenya & another (Cause E952 of 2021) [2023] KEELRC 875 (KLR)
The bottom line
#A Kenyan court ruled that withheld salary alone didn't prove constructive dismissal, but the employer must still pay missing pension contributions from 1981 to 1987.
What this practically means
#Executive summary
#Key legal issues
#Whether the deceased was constructively dismissed
No constructive dismissal established
The notice of retirement was cordial and gave no reasons citing unpaid salary despite two months of withheld salary, breaking causation. The deceased's apology letter of November 13, 2020 and his deposit of Kshs 364,000 into the 2nd respondent's account after his retirement had been accepted showed acceptance of responsibility for the loss of funds, undermining the claim that salary withholding amounted to a repudiatory breach. The claimants failed to prove the claim on a balance of probabilities.
Whether all pension dues were paid
Pension dues substantially proved paid; only NSSF remittances for 1981-1987 ordered
There was no evidence of pension deductions before 2007; the Liberty statements showed arrears paid in later months rather than non-remittance; the P9 forms showed full remittances; and the deceased claimed 100% of benefits when the scheme transferred to Britam. However, the 2nd respondent admitted it only began NSSF contributions from 1987 when the deceased was registered, so it must remit for 1981 to 1987.
Reliefs available
Only the order for NSSF remittances 1981-1987; balance of claim and counterclaim not granted
The claim partially succeeded only on the NSSF point. The court ordered remittances for 1981-1987 and dismissed the rest without costs. The 2nd respondent's counterclaim declarations and general damages were not granted in the orders.
Legal principles established
#- Constructive dismissal requires a fundamental/repudiatory breach of the employment contract and proof of causation between the employer's conduct and the employee's exit; the burden lies on the employee.
- Submissions cannot take the place of evidence.
- Not every involuntary resignation amounts to constructive dismissal; a direct causal link with intolerable employer conduct is required.
Court orders
#- 1.The 2nd respondent is ordered to make the NSSF remittances in favour of the deceased from 1981 to 1987 to the NSSF.
- 2.The rest of the claims are dismissed with no orders as to costs.
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sapayia & another (Both suing as personal representatives of the Estate of Daniel Munei Sapayia - Deceased) v Registered Trustees of Africa Inland Church Kenya & another (Cause E952 of 2021) [2023] KEELRC 875 (KLR)", Case Analysis (2023). Cause No E952 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/875/eng@2023-04-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.