Rachuonyo v University of Science and Technology (Cause E053 of 2022) [2024] KEELRC 2474 (KLR)
The bottom line
#Kenya's Employment Court ruled a dismissal unfair because the employer never proved its reasons, awarding five months' salary plus notice, suspension and leave pay.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of the termination
Termination was procedurally fair
The Claimant was notified of 13 charges by letter dated 8th July 2022 for a hearing on 18th July 2022, giving nine calendar days (five working days) to prepare. He was informed of his right to be accompanied and to make representations. He never sought more time and was refused none, so Section 41 requirements were met.
Substantive justification of the termination
Termination was substantively unfair
Section 43 places the burden on the employer to prove valid and fair reasons for termination. The Respondent entered appearance but never filed a defence or attended hearings, so the burden went undischarged. The Claimant's assertion that dismissal was unfair for lack of substantive justification therefore stood uncontroverted.
Quantum of compensation for unfair termination
Five months' salary awarded in lieu of the 12 months claimed
Although unfair termination was established, the finding rested solely on the suit being undefended. Guided by Section 49 of the Employment Act and Court of Appeal authority warning against awarding the statutory maximum without justification, five months' salary (Kshs 3,090,000) was deemed sufficient.
Legal principles established
#- Where a suit is undefended, the employer's burden under Section 43 of the Employment Act to prove valid reasons for termination remains undischarged and the termination is substantively unjustified
- Nine calendar days' notice of a disciplinary hearing is adequate time to prepare where the employee did not request an adjournment
- An employee terminated for cause is not entitled to salary for the unexpired remainder of a fixed-term contract
- Leave not taken is payable where the employer, who bears the obligation to keep employment records, leads no evidence of utilisation
Court orders
#- 1.A declaration that the Claimant's termination is unfair
- 2.An award of five (5) months salary as compensation for the unfair termination at Kshs 3,090,000/-
- 3.Payment of one month salary in lieu of notice at Kshs 618,000/-
- 4.Payment of the salary withheld during suspension at Kshs 309,000/-
- 5.Payment on account of leave not taken (25 days) at Kshs 515,000/-
- 6.An order that the Claimant be issued with a certificate of service
- 7.Costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (first-instance unfair termination claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rachuonyo v University of Science and Technology (Cause E053 of 2022) [2024] KEELRC 2474 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2474/eng@2024-10-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.