Kimuyu v Amazon Motors Limited (Cause E1045 of 2021) [2024] KEELRC 2568 (KLR)
The bottom line
#A long-serving Kenyan employee unfairly terminated during COVID-19 won Kshs 1.37 million, though some claims were rejected.
What this practically means
#Executive summary
#Key legal issues
#Quantum of compensation for unfair termination
Equivalent of 11 months gross salary awarded considering length of service and COVID-19 circumstances
Section 49(4) of the Employment Act sets out the factors for compensation. The Claimant served 39 years (1981-2021) and separation was occasioned by the COVID-19 pandemic. Balancing these factors, the Court found the equivalent of 11 months of the gross salary of Kshs 88,000/- to be appropriate and fair, totalling Kshs 968,000/-
Pay in lieu of notice
Three months' notice or pay in lieu awarded per CBA clause 19
The Respondent had a CBA with the Amalgamated Union of Kenya Metal Workers providing for notice of termination at clause 19. Having served over 15 years, the Claimant was entitled to 3 months written notice or pay in lieu, computed at Kshs 264,000/-
Accrued leave
Leave capped to last 18 months; Kshs 138,600/- awarded per Respondent's computation
The test case judgment capped accrued leave to the last 18 months per section 28(4) of the Employment Act. For that period, the Respondent computed entitlement at Kshs 138,600/-, which the Court adopted in preference to the Claimant's claim of Kshs 176,020/- for 52 days
Legal principles established
#- Accrued leave is capped to the last 18 months of the contract under section 28(4) of the Employment Act
- An employee serving over 15 years under a CBA clause 19 is entitled to 3 months' notice or pay in lieu
Court orders
#- 1.Award of Kshs 1,370,600/- comprising compensation of Kshs 968,000/- (11 months gross salary), pay in lieu of notice Kshs 264,000/-, and accrued leave Kshs 138,600/-
- 2.Respondent to issue a Certificate of Service within 30 days
- 3.Interest on the awards at court rates from the date of judgment
- 4.Costs to the Claimant
- Jurisdiction invoked
- Employment Act, 2007 (Section 49(4)) - first-instance determination of remedy in an unfair termination cause
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimuyu v Amazon Motors Limited (Cause E1045 of 2021) [2024] KEELRC 2568 (KLR)", Case Analysis (2024). Nairobi Cause No. E830 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2568/eng@2024-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.