Njoroge v Moi University (Cause E091 of 2022) [2024] KEELRC 2806 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Existence of employment relationship
The claimant's employment was not controverted; bank statements evidencing salary payment and assigned teaching units proved the relationship
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.
Unfair termination
Termination was unfair, contrary to Sections 35, 41, 43 and 45 of the Employment Act
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.
Remedies under Section 49 of the Employment Act
Compensation of 8 months' gross pay, notice pay, 33 days' leave pay and service pay of 15 days per year awarded; house allowance refused
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.
Legal principles established
#- 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
#- 1.A declaration that employment was terminated unfairly
- 2.Compensation of Ksh.448,000 (8 months' gross pay)
- 3.Notice pay of Ksh.56,000
- 4.Leave pay of Ksh.61,600 (33 leave days)
- 5.Service pay of Ksh.224,000
- 6.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act; Universities Act employer)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.