Wanjeri v Jacaranda Nairobi Hotel (Cause E359 of 2022) [2025] KEELRC 378 (KLR)
The bottom line
#A Kenyan court ruled that putting an employee on indefinite unpaid leave and then going silent counts as unfair dismissal, awarding her compensation and costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was constructively dismissed
The court found constructive dismissal because the Respondent failed to inform the Claimant of the status of her job after the COVID-19 pandemic despite repeated extensions of unpaid leave
Applying the Coca Cola v Ligaga principles and Esther Wanjiku Kihura v Amazon Motors, the court found that although the Respondent initially updated the Claimant, it ultimately went silent and never informed her of her employment status after the pandemic. This silence evidenced that the Respondent was no longer interested in the employment contract, a breach going to the root of the contract entitling the Claimant to treat herself as constructively dismissed.
Whether the Claimant is entitled to the reliefs sought
Judgment entered for notice pay, four months' general damages, interest, costs and certificate of service; unpaid leave, gratuity, damages and arrears claims denied for lack of proof
The court awarded notice pay computed at the Claimant's salary of Kshs.41,114 and general damages equivalent to four months' salary, taking into account that the Respondent had kept her updated of the position. The remaining heads were unsupported by evidence and were dismissed. The Claimant was also to receive her certificate of service and costs.
Legal principles established
#- Sending an employee on indefinite unpaid leave without communication on the status of their employment amounts to constructive dismissal
- Unpaid leave has no legal basis in the Employment Act and requires mutual agreement between employer and employee
Court orders
#- 1.Three months salary in lieu of notice at Kshs.41,114 amounting to Kshs.123,342
- 2.General damages equivalent of 4 months' salary amounting to Kshs.164,456
- 3.Total award of Kshs.287,798 with interest at 14% per annum from date of Judgment till full payment
- 4.Claimant awarded costs
- 5.Claimant to be given her certificate of service within 30 days from the date of judgment
- 6.Prayers for unpaid leave, gratuity, damages and arrears denied
- Jurisdiction invoked
- Employment and labour relations jurisdiction under Article 162(2) of the Constitution (implied by court; not expressly cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjeri v Jacaranda Nairobi Hotel (Cause E359 of 2022) [2025] KEELRC 378 (KLR)", Case Analysis (2025). Statement of Claim dated 30th May 2022 (Cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/378/eng@2025-02-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.