Wanjagua v Nairobi Waldore School Trust (Cause E6449 of 2020) [2023] KEELRC 2517 (KLR)
The bottom line
#A Kenyan court awarded a teacher over Kshs.800,000 after her school fired her without a disciplinary hearing or written notice to show cause.
What this practically means
#Executive summary
#Key legal issues
#Res judicata - prior suit before Nairobi Chief Magistrate's Court withdrawn by consent
Res judicata not established; withdrawal does not bar a fresh suit where issues remain unresolved.
The elements of res judicata require the same cause of action, same parties, and that the previous suit was heard and determined. There was no evidence the issues were heard and determined in the magistrate's court, nor that the consent settling the dispute was adopted as an order of the court. Withdrawal leaves the dispute unresolved and does not bar a fresh filing.
Whether termination was for a valid reason and following a fair procedure
Termination was unlawful and unfair - no notice to show cause, no disciplinary hearing, and no valid reason proved, violating Sections 36, 41, 43 and 45 of the Employment Act.
The respondent produced no minutes of a disciplinary hearing, no notice to show cause, and no corroborated records of insubordination or rudeness. The claimant had a clean record for five years, had reasonably requested a three-day extension, and submitted reports within that time. The court discredited R.W.1 as untruthful, unreasonable and vindictive, and found no reasonable employer would have dismissed her.
Claim for libel and slander
Dismissed for failure to prove defamation on a balance of probabilities, including failure to notify the respondent and demand retraction before suit.
The claimant did not discharge the evidential burden of showing she followed the proper procedure of notifying the respondent of the words alleged to be defamatory and giving an opportunity to retract before instituting suit. The defamation claim therefore failed on a balance of probabilities and was dismissed.
Quantum of compensation for unfair termination
Awarded six months' salary as compensation under Section 49(1)(c) and (4), considering clean record, five years' service, no contribution to termination, and loss of livelihood.
Relying on Section 49(4) principles and case law, the court considered the claimant's clean record, diligent five years of service, abrupt termination without notice, her reasonable request for extension of time meaning she did not contribute to the termination, and her continued lack of alternative employment as sole breadwinner.
Legal principles established
#- An employer must issue a notice to show cause and conduct a disciplinary hearing before terminating employment for misconduct; failure violates Section 41 of the Employment Act and the rules of natural justice.
- The burden is on the employer to prove a valid reason for termination arrived at through a fair procedure, under Sections 43(1) and (2) of the Employment Act.
- Withdrawal of a suit does not bar a fresh suit on unresolved issues; res judicata is not established without proof that the issues were heard and determined.
Court orders
#- 1.Kshs.684,126 in compensation.
- 2.Kshs.114,021 in lieu of one month notice.
- 3.Kshs.9,000 refund.
- 4.Certificate of service to be granted to her within 30 days.
- 5.Interest at Court rates from date of judgment till payment in full.
- 6.Costs of the suit.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjagua v Nairobi Waldore School Trust (Cause E6449 of 2020) [2023] KEELRC 2517 (KLR)", Case Analysis (2023). Cause No E6449 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2517/eng@2023-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.