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ELRCOthernot stated in the judgment provided· [2023] KEELRC 2891 (KLR)

Kenya Union of Commercial, Food and Allied Workers v National Museums of Kenya (Cause 1156 of 2016) [2023] KEELRC 2891 (KLR)

Employment and Labour Relations Court
15 November 2023
619 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court quantified Kshs 3.85 million in awards for seven unfairly terminated employees, but any salary already paid during suspension will be deducted.

What this practically means

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Executive summary

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This judgment, delivered virtually at Nairobi on November 15, 2023 by Dr. Jacob Gakeri, Judge of the Employment and Labour Relations Court, gives effect to a judgment of February 6, 2023 in which the court found that the termination of the claimants' employment was unfair for want of procedural propriety and awarded unpaid salary during suspension, three months' notice pay, and the equivalent of two or three months' salary as compensation. The present judgment quantifies those awards for the seven grievants. On unpaid suspension salary, the court noted that neither party supplied all the payslips and that the Respondent adduced no evidence of payment during suspension, the suspension letters being silent on terms; it therefore awarded specific sums per grievant while directing that any amounts actually paid be deducted to obviate unjust enrichment. Compensation for unlawful termination was computed by multiplying each grievant's monthly salary by the number of months previously awarded (two months for most, three for Sankale and Kivava). The total award in favour of the grievants was assessed at Kshs 3,850,185.00, with individual awards ranging from Kshs 382,500.00 (Martha Kivava) to Kshs 964,240.00 (Raphael Masindet/Sinoyia). The judgment closes with the standard COVID-19 order on virtual delivery, anchored on Articles 159(2)(d) and 48 of the Constitution, Section 1B of the Civil Procedure Act and a waiver of Order 21 Rule 1 of the Civil Procedure Rules. No costs order appears in the text provided.

Key legal issues

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01

Unpaid salary during suspension

Holding

Awarded in full as quantified, subject to deduction of anything already paid

Reasoning

The claimants were suspended from May or September 2014 until dismissal on November 11, 2015. Neither party supplied complete payslips and the Respondent adduced no evidence of payment during suspension; the suspension letters were silent on terms. The court therefore quantified the unpaid salaries per grievant but directed that any sums proved to have been paid be deducted to prevent unjust enrichment.

p. 2
02

Compensation for unfair termination

Holding

Computed at 2 or 3 months' gross salary per grievant as previously awarded

Reasoning

The awards rest on the earlier finding that termination was unfair for want of procedural propriety. Applying the months' salary previously awarded (2 months for most grievants, 3 for Sankale and Kivava), the court multiplied each grievant's monthly salary accordingly and arrived at a global award of Kshs 3,850,185.00 for all seven grievants.

p. 2

Legal principles established

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  • Awards must be computed to avoid unjust enrichment where payments during suspension cannot be ruled out
  • In the absence of payslips and evidence of payment during suspension, the court quantifies the award on the material available

Court orders

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  1. 1.Awards of unpaid salary during suspension quantified: Saningo Meshuki Kshs 447,966.00; Mburu Ernest Waithaka Kshs 428,850.00; Kivava Martha Kshs 315,000.00; Gatonye Sarah Kshs 506,520.00; Sankale Julius Isaac Kshs 428,850.00; Masindet Raphael Kshs 867,816.00; Makiti Nthenya Kshs 405,000.00
  2. 2.Compensation for unlawful termination quantified: Saningo Meshuki Kshs 49,774; Mburu Ernest Kshs 47,650; Kivava Martha Kshs 67,500; Gatonye Sarah Kshs 72,360; Sankale Julius Kshs 71,475; Raphael Masindet Kshs 96,424; Philomena Makiti Nthenya Kshs 45,000
  3. 3.Total award in favour of the grievants assessed at Kshs 3,850,185.00
  4. 4.Judgment signed and delivered virtually at Nairobi on 15th November 2023
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the claim (arising from the judgment of February 6, 2023)

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, "Kenya Union of Commercial, Food and Allied Workers v National Museums of Kenya (Cause 1156 of 2016) [2023] KEELRC 2891 (KLR)", Case Analysis (2023). not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2891/eng@2023-11-15

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