Momanyi v Factory Guards (MSA) Limited & another (Cause 367 of 2017) [2023] KEELRC 1730 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Unfair termination on medical grounds
The court did not award compensation for unfair termination; it focused on the unpaid tabulated dues, noting the respondents unilaterally terminated employment on medical grounds and held the dues for over 8 years
The claimant was issued notice of termination on medical grounds with an option to resume if his health improved, but opted to resign. The court questioned whether his choice was informed and free, given his mental health, and held it was not sufficient that only family members were consulted; a supported decision-making process should have been used. The court did not make an express finding of unfair termination but ordered payment of tabulated dues with interest.
Terminal dues tabulation
The respondents' tabulation of Ksh. 466,846.20 was adopted as correct, covering house allowance, accrued leave, service pay, overtime and public holidays
The claimant underwent clearance and his dues were tabulated by the respondents. The court found the statutory rate of 21 days' annual leave per year applicable, the house allowance correctly allocated based on wages paid, and the employer's records of overtime and public holidays taken as true. Service pay for 7 years was allocated in lieu of severance pay.
Confidentiality of medical records
Medical records filed in evidence should have remained confidential and secured; counsel should have sought protective orders under Article 28
The respondents filed the claimant's medical records disclosing his mental health status. The court observed that medical records should remain confidential and secured, and that the claimant's counsel ought to have applied for protection of the claimant and securing of the data. Disclosure of medical records is part of the dignity of the person protected under Article 28 of the Constitution.
Legal principles established
#- Human dignity is absolute and inviolable; disclosure of medical records is part of the dignity of the person and should remain protected
- The record of overtime due and owing is the record of the employer and should be applied as true
- A claim for work on public holidays should not be general; absent the employee's proper record, the employer's record applies
Court orders
#- 1.The respondents' tabulated terminal dues of Ksh. 466,846.20 shall be paid within 30 days
- 2.Failure to pay within 30 days attracts interest from 15 September 2015 until payment in full
- 3.Each party shall bear own costs
- Jurisdiction invoked
- Employment and labour relations jurisdiction; Article 28 of the Constitution of Kenya invoked on dignity
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Momanyi v Factory Guards (MSA) Limited & another (Cause 367 of 2017) [2023] KEELRC 1730 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1730/eng@2023-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.