Muriungi v Nyaki Dairy Farmers Co-operative Society Ltd (Cause E012 of 2024) [2025] KEELRC 374 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the claimant’s employment was terminated by the respondent.
- 2.If so, whether the termination was unfair.
- 3.Whether the reliefs sought are merited.
Key legal issues
#Whether employment was terminated
The claimant failed to prove termination on a balance of probability; he remained in employment, having been sent on unpaid leave and later summoned to a meeting
The claimant produced a letter sending him on unpaid leave, not a termination letter. He did not tell the court what transpired at the 28th November 2023 Board meeting and produced no termination letter. Without proof of termination, unfair termination could not be substantiated.
Whether the constitutional declaration was merited
Declined; the pleading did not meet the Anarita Karimi Njeru standard of precision
The claimant alleged contravention of Articles 41 and 47 and sections 43 and 45 of the Employment Act but did not plead with precision what was complained of and how it was infringed, so the constitutional claim was rejected.
Whether unpaid salary was due
Yes; Kshs.54,000 awarded for September to November 2023
The claimant was sent on unpaid leave from 1st October 2023 while still employed, and claimed salary for September to November 2023 at Kshs.18,000 per month. There was no evidence of payment, so the court awarded the full sum.
Legal principles established
#- A party claiming constitutional redress must set out with reasonable precision the provision infringed and the manner of infringement
- Unpaid salary for a period served, where the employee remained in employment, is recoverable even where unfair termination is not proved
Court orders
#- 1.Judgment entered for the claimant in the sum of Kshs.54,000 being unpaid salary for September to November 2023 at Kshs.18,000 per month
- 2.The award is subject to statutory deductions and in addition to costs at lower court scale plus interest at court rates from the date of filing the suit
- 3.Declaration that the letter dated 9th October 2023 violated constitutional rights declined
- 4.Prayer for payment of illegal deductions declined
- 5.Prayer for a certificate of good conduct rejected
- 6.Prayer for Kshs.100,000 damages for unfair termination declined
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, Cap. 226 (claim for unfair termination and employment dues)
Relief refused
#Declaration that the termination letter violated Articles 41(1)&(2)(a) and 47(1)&(2) of the Constitution and sections 43 and 45 of the Employment Act
The constitutional pleading did not meet the Anarita Karimi Njeru threshold of precision
Payment of illegal deductions
Lacked particulars and supporting evidence
Certificate of good conduct
Alien to Kenyan laws and not anchored on the contract of service
Kshs.100,000 damages for unfair termination
Unfair termination was not proved; employment was not proved to have been terminated at all
Salary in lieu of notice
No termination was proved, hence no notice pay could be awarded
Costs
Costs at lower court scale plus interest at court rates from the date of filing the suit
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In view of the foregoing gaps in the claimant’s evidence, I find that he has failed to prove on a balance of probability that his employment was terminated by the respondent.
As a consequence of the gaps in the pleadings, the claim founded on violation of the constitution is rejected and the declaratory order sought is declined.
Consequently, I enter judgment for him in the sum of Kshs.54,000. The award is subject to statutory deductions but in addition to costs at lower court scale plus interest at court rates from the date of filing the suit.
Issues in the judgment
#Internal inconsistency in the letter quoted from the claimant's counsel: the judgment text alternates between 'Mmboos Mutunga & Co.Advocates' and 'Mbaabu M’inoti &co. Advocates' in the same passage
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muriungi v Nyaki Dairy Farmers Co-operative Society Ltd (Cause E012 of 2024) [2025] KEELRC 374 (KLR)", Case Analysis (2025). Not stated in the judgment (statement of claim dated 9th April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/374/eng@2025-02-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.