Chemtai v Koitalel Samoei University College (Employment and Labour Relations Cause E015 of 2023) [2024] KEELRC 2771 (KLR)
The bottom line
#Kenya's Employment Court ruled that an employer cannot escape liability by blaming its own recruitment mistakes, awarding four months' salary for unfair termination.
What this practically means
#Executive summary
#Key legal issues
#Whether the Management Committee had capacity to employ the Claimant
The recruitment process was authorized by the Council; only the entry point, not the appointment itself, was questioned, and the Council never formally withdrew or annulled the Claimant's appointment
Section 35 of the Universities Act and the Koitalel Samoei University College Order place employment of staff with the Council, but the Council approved internal advertisement of 18 posts including the Claimant's, and the HR Committee agreed appointments be staggered in phases. The Respondent did not produce the December 2020 Council resolutions or any statutes governing recruitment, nor minutes between July 2021 and June 2022. No letter withdrawing the impugned letter issued until the Claimant sought implementation.
Whether the Claimant's employment was unlawfully terminated
The termination was unlawful
The Respondent's witness admitted the Claimant was never given a show-cause letter or invited to any disciplinary hearing, there were no disciplinary issues against her, and her revocation had nothing to do with her qualifications. If there was any irregularity in her appointment, it had to be resolved lawfully with proper explanation and notice to her. The letter of 2nd June 2023 simply declared her contract ended.
Whether the Claimant was constructively dismissed
No - there was an overt termination, not constructive dismissal
The Claimant was issued with a letter informing her that her one-year contract had come to an end and would not be renewed. Constructive dismissal is covert, whereas this was an overt termination. The court therefore declined the declaration of constructive dismissal but found a termination occurred.
Legal principles established
#- Lapses or irregularities in an employee's appointment that are of the employer's own making should not be visited upon the employee; any irregularity must be resolved lawfully with proper explanation and notice
- Termination of employment without notice, reason or disciplinary hearing is unlawful
- A letter informing an employee that a fixed-term contract has come to an end and will not be renewed is an overt termination, not constructive dismissal
Court orders
#- 1.A declaration that the termination of the Claimant's employment was unlawful and unfair
- 2.Compensation of 4 months' salary for unfair termination under section 49(4) of the Employment Act
- 3.Costs of the claim to the Claimant with interest on the decretal sum at court rates
- 4.The Respondent's counterclaim is dismissed with costs to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over unfair and unlawful termination of employment (Employment Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chemtai v Koitalel Samoei University College (Employment and Labour Relations Cause E015 of 2023) [2024] KEELRC 2771 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2771/eng@2024-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.