CMK v Chandarana Supermarket Limited (Cause 13 of 2018) [2024] KEELRC 388 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was sexually harassed by the Branch Manager
The court found there was some degree of harassment as evidenced by the WhatsApp messages and the Claimant's complaint in June 2017 leading to her transfer.
The court examined the WhatsApp messages annexed to the claim, which included late-night texts, invitations to drinks and an offer to pay rent after suggesting she move to Ngara. The Claimant had raised the matter in June 2017, resulting in her transfer. The court was satisfied the messages showed a degree of harassment, notwithstanding the Respondent's denial and its assertion that no formal complaint was lodged before the disciplinary hearing.
Whether the Respondent's handling of the transfer and the theft allegation destroyed the employment relationship
The Respondent compounded the situation by revealing the cause of the transfer at the new branch and failed to substantiate the theft allegation, since it did not produce the CCTV footage it relied upon.
The court found that although the Respondent transferred the Claimant after her complaint, it made her work at ABC Place Branch difficult by disclosing why she had been transferred, creating an environment in which she could not work, leading to her resignation. On the theft allegation, the Respondent asserted the CCTV footage showed her taking the money but never produced that footage in court, leaving lingering doubts undischarged, which the court resolved in the Claimant's favour.
Whether the Claimant's resignation amounted to constructive dismissal
Yes. The Claimant was made so uncomfortable at the workplace that she resigned; she is entitled to damages for the sexual harassment and some compensation for the termination.
The court adopted the position that constructive dismissal occurs where an employee is made so uncomfortable at the workplace by the employer that resignation follows. The Claimant had a situation she sought to have addressed and the Respondent's conduct in disclosing the harassment to colleagues at the new branch led to her resignation. The court therefore found constructive dismissal and awarded both damages for the harassment and compensation for the termination.
Quantum of remedies
Kshs. 500,000/- as damages for sexual harassment and three months' salary as compensation for termination, plus costs and interest.
Damages for sexual harassment are at the discretion of the court; the judge considered Kshs. 500,000/- sufficient, rather than the Kshs. 2,000,000/- claimed or the Kshs. 1,000,000/- awarded in the CNR; FITM authority relied on by the Claimant. For the termination, despite the Claimant's plea for the statutory maximum of twelve months, the court awarded three months' gross salary, calculated at Kshs. 29,733.44 per month, totalling Kshs. 89,200.32.
Legal principles established
#- An employer who alleges an employee stole money as a basis for disciplinary action must discharge lingering doubts by availing corroborative evidence such as CCTV footage; failure to do so weighs against the employer.
- Where an employer transfers an employee following a sexual harassment complaint but discloses the cause of the transfer to colleagues, creating an environment in which the employee cannot work, and the employee resigns, the resignation amounts to constructive dismissal entitling the employee to damages for sexual harassment and compensation for termination.
Court orders
#- 1.Judgment entered for the Claimant against the Respondent for Kshs. 89,200.32 being three months' compensation for the termination (Kshs. 29,733.44 x 3)
- 2.Kshs. 500,000/- awarded as damages for sexual harassment
- 3.Costs of the suit to the Claimant
- 4.Interest at court rates on the compensation and damages from the date of judgment until payment in full
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over employment and labour relations claims (claim for sexual harassment and constructive dismissal; Employment Act provisions invoked by the parties)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kinda v Aiducation International (K) & another (Civil Appeal E047 of 2022) [2026] KECA 350 (KLR)[2026] KECA 350 (KLR)27 Feb 2026applied
- Bollore Transport & Logistics Limited v Kidaha (Appeal E060 of 2022) [2024] KEELRC 1650 (KLR)[2024] KEELRC 1650 (KLR)24 Jun 2024
Cite this brief
#Cite this brief
Caselaw, "CMK v Chandarana Supermarket Limited (Cause 13 of 2018) [2024] KEELRC 388 (KLR)", Case Analysis (2024). Cause No 13 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/388/eng@2024-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.