Ndolo v Catholic University of Eastern Africa (Cause 829 of 2019) [2024] KEELRC 2500 (KLR)
The bottom line
#A Kenyan university had to pay a lecturer 12 months' salary because it treated him under an expired contract instead of giving fair process.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant's employment was unlawfully terminated
Yes. Upon expiry of the written contract, the continued allocation of duties converted the employment into a month-to-month open-ended contract; termination without adherence to Sections 41 and 43 of the Employment Act was unlawful and unfair.
The Claimant's last written contract expired on 14th August 2019. The Respondent continued to allocate work to him after that date and only issued the non-renewal letter on 20th September 2019. Applying the doctrine of deemed month-to-month employment, the Respondent could not rely on the expired contract; it was bound to observe procedural fairness under Section 41 and prove a valid reason under Section 43. Its failure rendered the termination unlawful and unfair.
Whether the Claimant was entitled to the remedies sought
Partially. The court awarded 12 months' salary as compensation for the unlawful and unfair termination but disallowed the claims for 3 years' salary, 3 months' notice pay, Sacco dues, salary increments, leave allowance and general damages.
In assessing compensation the court considered the Claimant's long service, absence of contribution to the termination, slim chances of securing comparable employment and the Respondent's violation of substantive and procedural law. Salary claims failed as payment for days worked was proved; notice pay failed because as a month-to-month employee one month's notice was applicable and was issued; remaining heads were unproved.
Legal principles established
#- Where an employer continues to employ an employee after the expiry date of a written contract, the employee is deemed to be employed on an open-ended month-to-month contract and is entitled to procedural fairness under Section 41 and substantive justification under Section 43 of the Employment Act before termination
Court orders
#- 1.Award of twelve (12) months' salary in compensation for unlawful and unfair termination
- 2.Judgment entered in favour of the Claimant in the sum of Kshs. 1,618,788
- 3.The award is subject to statutory deductions and attracts interest at court rates from the date of judgment until payment in full
- 4.The Claimant to have the costs of the case
- Jurisdiction invoked
- Employment and Labour Relations Court first-instance jurisdiction (Employment Act; Memorandum of Claim dated 11th December 2019)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndolo v Catholic University of Eastern Africa (Cause 829 of 2019) [2024] KEELRC 2500 (KLR)", Case Analysis (2024). Cause No 829 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2500/eng@2024-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.