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ELRCDismissedMemorandum of Claim dated 22nd January, 2021· [2025] KEELRC 310 (KLR)

Njeru v Kevian Kenya Limited (Cause 174 of 2021) [2025] KEELRC 310 (KLR)

Employment and Labour Relations Court
29 January 2025
DMD. K. Njagi Marete
1,135 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court dismissed an HR manager's unfair termination claim because his performance-based contract allowed the dismissal, confirming agreed contracts bind both sides.

What this practically means

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Executive summary

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The Claimant, employed as a Group Human Resource Manager on 20th May 2019 at a monthly salary of Kshs.300,000, sued the Respondent by a Memorandum of Claim dated 22nd January 2021 alleging unfair termination, unlawful and discriminatory salary deductions between March and September 2020, and violation of his constitutional right to fair labour practices. He sought a declaration that his dismissal was unprocedural, unfair, unlawful and unconstitutional, twelve months' salary as compensation, one month's pay in lieu of notice, deducted salaries of Kshs.375,000, severance pay, a Kshs.100,000 fine under section 51 of the Employment Act, a certificate of service, punitive and aggravated damages, costs and interest. The Respondent denied the claim, asserting that the Claimant was given a performance-based contract dated 16th March 2020 after two probation extensions, that salary deductions were agreed at a staff meeting on 6th April 2020 due to the Covid-19 pandemic, and that termination was effected with the contractual two weeks' notice. The court framed three issues: lawfulness of the termination, entitlement to relief, and costs. Holding that the parties were bound by their agreed performance-based contract and that the court could not re-write it, the court found the termination lawful and thorough. The claim was accordingly dismissed in its entirety with each party bearing their own costs. Judgment was delivered on 29th January 2025 by D. K. Njagi Marete, Judge.

Key legal issues

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01

Whether the termination of the Claimant's employment was wrongful, unfair and unlawful

Holding

The termination was lawful because it was carried out in accordance with the parties' agreed terms of contract, specifically the performance-based contract dated 16th March 2020

Reasoning

The court examined the Respondent's bundle of documents and found that the Claimant's employment had been converted into a performance-based contract after probation extensions. Since the Claimant did not meet his performance targets, his services were terminated in accordance with the terms of that contract with the contractual two weeks' notice. The court held it could not re-write or re-negotiate the parties' contract, as they were bound by it, and therefore found the termination lawful.

p. 3
02

Whether the Claimant is entitled to the relief sought

Holding

The Claimant is not entitled to any of the reliefs sought because his claim of unlawful termination failed

Reasoning

The entitlement to the reliefs claimed — compensation of twelve months' wages, notice pay, deducted salary, severance pay, certificate of service and damages — flowed from success on the unfair termination claim. Having found the termination lawful, the court held that the Claimant became disentitled to all the reliefs sought and dismissed the entire claim.

p. 4

Legal principles established

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  • Parties are bound by the agreed terms of their contract and the court will not re-write or re-negotiate the contract for them

Court orders

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  1. 1.Dismissal of the claim
  2. 2.Each party to bear their own costs of the suit

Authorities

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Legislation

  • Employment Actsection 41(1)
  • Employment Actsection 51
  • Constitution of KenyaArticle 50

Cases cited (1)

  • Joseph Kinuthia Miguongo v Kenya Kazi Services Limited
    [2021] eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (claim of unfair termination and non-payment of terminal dues)

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, "Njeru v Kevian Kenya Limited (Cause 174 of 2021) [2025] KEELRC 310 (KLR)", Case Analysis (2025). Memorandum of Claim dated 22nd January, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/310/eng@2025-01-29

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