Njenga (Suing as legal representative of the Estate of Njenga Thuku Kuibitah) v G Issaias & Company (Kenya) Limited (Cause 882 of 2017) [2023] KEELRC 2511 (KLR)

The Respondent's claim that the post-2014 terms were purely verbal was unproved; RWI had no records and admitted the arrangement was an extension on the same terms. The Claimant worked continuously to December 2015 while being paid under the previous contract, so the parties renewed or extended the contract by conduct, as in Patrick Kalu Lewa.

The termination letter gave no reasons; RWI had no record of any meeting. Redundancy was not established and, in any event, Section 40 procedures were not followed. Submissions by counsel could not substitute evidence of a reason. Section 43(1) places the burden on the employer.

Section 41 requires notice of grounds, explanation in a language the employee understands, a companion of choice, and consideration of representations. None of these steps was demonstrated; RWI had no evidence of any meeting where reasons were explained, so the termination was conducted in contravention of the Act.

Notice pay was admitted as contractual. RWI admitted having no evidence on leave, and in the absence of controverting evidence the court credited 34 outstanding days, awarding 40. Service pay was barred by NSSF membership; fee reimbursement lacked documentation. Compensation of 5 months' gross salary reflected length of service and lack of contribution.