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ELRCPartially AllowedNot stated in the judgment (statement of claim dated 9th April 2024)

Muriungi v Nyaki Dairy Farmers Co-operative Society Ltd (Cause E012 of 2024) [2025] KEELRC 374 (KLR)

Employment and Labour Relations Court
14 February 2025
1,577 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The claimant, a driver employed by the respondent society since March 2021 at a monthly salary of Kshs.18,000, sued after receiving a letter dated 9th October 2023 sending him on unpaid leave from 1st October 2023, citing disrespect to farmers and the committee, selling reject milk against society rules, rudeness and failure to follow instructions. He sought a declaration that the letter violated Articles 41 and 47 of the Constitution and sections 43 and 45 of the Employment Act, unpaid salary of Kshs.54,000, payment of illegal deductions, a certificate of good conduct, Kshs.100,000 damages for unfair termination, costs and interest. The respondent never entered appearance, and the suit proceeded by formal proof on 26th September 2024. The court framed three issues: whether employment was terminated, whether the termination was unfair, and whether the reliefs were merited. It held that the claimant failed to prove on a balance of probability that his employment was terminated: he was sent on unpaid leave, was still in employment when summoned to a Board meeting on 28th November 2023, produced no termination letter and did not explain what transpired at that meeting. Unfair termination therefore also failed. The constitutional declaration was rejected for failing the Anarita Karimi Njeru precision standard. The court, however, awarded unpaid salary for September to November 2023 of Kshs.54,000, subject to statutory deductions, with costs at lower court scale and interest from filing. The other reliefs were declined. Judgment was delivered at Nyeri on 14th February 2025 via Teams with the parties' consent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claimant’s employment was terminated by the respondent.
  2. 2.If so, whether the termination was unfair.
  3. 3.Whether the reliefs sought are merited.

Key legal issues

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01

Whether employment was terminated

Holding

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

Reasoning

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.

p. 4
02

Whether the constitutional declaration was merited

Holding

Declined; the pleading did not meet the Anarita Karimi Njeru standard of precision

Reasoning

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.

p. 4
03

Whether unpaid salary was due

Holding

Yes; Kshs.54,000 awarded for September to November 2023

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 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. 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. 3.Declaration that the letter dated 9th October 2023 violated constitutional rights declined
  4. 4.Prayer for payment of illegal deductions declined
  5. 5.Prayer for a certificate of good conduct rejected
  6. 6.Prayer for Kshs.100,000 damages for unfair termination declined

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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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

p. 4

Payment of illegal deductions

Lacked particulars and supporting evidence

p. 4

Certificate of good conduct

Alien to Kenyan laws and not anchored on the contract of service

p. 4

Kshs.100,000 damages for unfair termination

Unfair termination was not proved; employment was not proved to have been terminated at all

p. 4

Salary in lieu of notice

No termination was proved, hence no notice pay could be awarded

p. 4

Costs

Costs at lower court scale plus interest at court rates from the date of filing the suit

Quotable passages

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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.
p. 4Burden of proof – termination not established
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.
p. 4Constitutional pleading standard
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.
p. 4Final orders / disposition

Issues in the judgment

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minor

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

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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, "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.