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ELRCPartially AllowedNot stated in the judgment· [2024] KEELRC 2806 (KLR)

Njoroge v Moi University (Cause E091 of 2022) [2024] KEELRC 2806 (KLR)

Employment and Labour Relations Court
14 November 2024
1,339 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan university was ordered to pay a former lecturer over Ksh.789,000 for unfair termination after failing to produce any employment records or defence.

What this practically means

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Executive summary

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The claimant, employed as a lecturer from July 2013 at a monthly salary of Ksh.56,000, sued the respondent university after he was allocated no teaching units from January 2020 and received no salary or terminal dues thereafter. He claimed unpaid salaries for 14 months, leave pay for 8 years, notice pay, house allowance, service pay and 12 months' compensation for unfair termination. The respondent filed only a bare denial, filed documents including its HR policy manual and university statutes, and called no witness; it alone did not file submissions. The court held that the claimant's employment was not controverted, as he produced bank statements evidencing salary payments and teaching allocations, and that the duty to file the contract and work records rested on the employer under Sections 10(6) and (7) of the Employment Act. Applying authorities on mere denials and the employer's burden under Section 47(5), the court found the termination unfair contrary to Sections 35, 41, 43 and 45 of the Employment Act. On remedies, the court awarded notice pay of Ksh.56,000, compensation of 8 months' gross pay (Ksh.448,000), leave pay limited to 33 days (Ksh.61,600) on the 18-month accumulation cap, and service pay of Ksh.224,000 (15 days per year over 8 years). House allowance was refused as there was no written contract or minimum wage. Judgment was entered for the claimant with costs of the suit, delivered on 14 November 2024.

Key legal issues

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01

Existence of employment relationship

Holding

The claimant's employment was not controverted; bank statements evidencing salary payment and assigned teaching units proved the relationship

Reasoning

The claimant produced bank statements showing monthly salary payments and evidence of teaching units allocated to him. The respondent's response comprised mere denials, no witness was called, and the employer failed to file the contract or work records as required under Sections 10(6) and (7) of the Employment Act. The court therefore believed the claimant.

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02

Unfair termination

Holding

Termination was unfair, contrary to Sections 35, 41, 43 and 45 of the Employment Act

Reasoning

The claimant discharged his burden under Section 47(5) by showing he was not allocated duties from January 2020 and was not paid. The burden then shifted to the employer to justify the termination. The respondent filed only mere denials and called no witness, so the court believed the employee and found the termination without notice, hearing or reasons.

p. 3
03

Remedies under Section 49 of the Employment Act

Holding

Compensation of 8 months' gross pay, notice pay, 33 days' leave pay and service pay of 15 days per year awarded; house allowance refused

Reasoning

Notice pay was due under Section 35. Considering 8 years of service with no record of poor performance, 8 months' compensation was justified. Leave accumulation was capped at 18 months. House allowance failed because there was no written contract and no minimum wage. Service pay was due under Section 35(5) and (6) as the respondent did not show statutory deductions to NSSF and NHIF.

p. 3

Legal principles established

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  • Mere denials by an employer do not constitute a good defence and deny the court material upon which to assess the claims
  • The duty to file the employment contract and work records rests on the employer under Sections 10(6) and (7) of the Employment Act; where the employer fails, the court must believe the employee
  • Upon an employee claiming unfair termination, the burden shifts to the employer to justify the reasons for termination
  • Accumulation of untaken annual leave is capped at 18 months unless the employee shows leave was carried forward

Court orders

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  1. 1.A declaration that employment was terminated unfairly
  2. 2.Compensation of Ksh.448,000 (8 months' gross pay)
  3. 3.Notice pay of Ksh.56,000
  4. 4.Leave pay of Ksh.61,600 (33 leave days)
  5. 5.Service pay of Ksh.224,000
  6. 6.Costs of the suit to the claimant

Authorities

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Legislation

  • Employment ActSections 9, 10, 10(6) and (7), 28, 35, 35(5) and (6), 41, 43, 45, 47(5), 49
  • Universities ActNot specified

Cases cited (7)

  • Wafula v Gurdit Singh Shop
    [2022] eKLR
  • Abigail Jepkoskei Yator & another v China Hanan International Co. Ltd
    [2018] eKLR
  • Job Kilach v Nation Media Group Ltd, Salaba Agencies Ltd & Michael Rono
    [2015] KECA 846 (KLR)
  • Raghbir Singh Chatte v National Bank of Kenya Limited
    [1996] KECA 99 (KLR)
  • Mwamchera & 33 others v Kaluworks Limited
    [2024] KEELRC 799 (KLR)
  • Tendeti v Kiesta Industrial Technical Services Limited
    [2024] KEELRC 873 (KLR)
  • Kingoo v Nairobi Plastics Limited
    [2023] KEELRC 236 (KLR)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; Universities Act employer)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Njoroge v Moi University (Cause E091 of 2022) [2024] KEELRC 2806 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2806/eng@2024-11-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.