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ELRCPartially AllowedELRC Cause (Nairobi), Memorandum of Claim dated 15th May 2023· [2025] KEELRC 413 (KLR)

Munyua v Sikalie & 2 others (Cause E385 of 2023) [2025] KEELRC 413 (KLR)

Employment and Labour Relations Court
14 February 2025
SRStella Rutto
2,605 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court awarded a dismissed worker Kshs 1.18 million in unpaid salary but confirmed his termination, ruling the association's elected chairman had authority to discipline him.

What this practically means

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Executive summary

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The Claimant, employed by the Karen Langata District Association in 2015 as a general duties worker on a gross salary of Kshs 146,765 plus a fuel allowance, was sent on compulsory leave with pay on 27th October 2022 after the Association's bank accounts were frozen in Nairobi HCCC No. E171 of 2022. He sued the Association's Chairman, Treasurer and Co-Treasurer for outstanding salary arrears from October 2022 and for salary as and when it fell due. The Respondents acknowledged liability for salary from October 2022 to June 2023 but contended the Claimant had refused to hand over the Association's laptop and property, thereby frustrating investigations, and that he was later lawfully terminated after a disciplinary process culminating in a termination letter dated 2nd June 2023. The Claimant maintained he remained an employee because the 1st Respondent lacked capacity to discipline him, the elections of 7th April 2023 being legally non-compliant. The court found no evidence that the April 2023 AGM and elections had been challenged or invalidated, noted the Association was an exempt society under the Societies Act, and held the 1st Respondent had capacity to discipline. Since the Claimant never pleaded unfair termination, the legality of the disciplinary process under Sections 41, 43 and 45 of the Employment Act was not for determination. The court held the employment ceased on 2nd June 2023, awarded Kshs 1,183,904.00 as unpaid salary from 1st October 2022 to 2nd June 2023, directed the Claimant to attend the Association's offices for clearance and payment of terminal dues, and made no orders as to costs. Judgment delivered by Stella Rutto, J, on 14th February 2025 at Nairobi.

Key legal issues

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01

Whether the Claimant remained an employee of the Association after the termination of 2nd June 2023

Holding

The Claimant ceased to be an employee on 2nd June 2023 following lawful termination by a Chairman with capacity; salary beyond that date is not recoverable.

Reasoning

The Respondents produced minutes of the AGM of 7th April 2023 electing the 1st Respondent as Chairman. The Claimant alleged the elections were invalid but produced no evidence that they had been challenged and invalidated in court, nor did he move the court on the consent in HCCC No. E171 of 2022. The Association is an exempt society under the Societies Act guided by its own constitution. The Claimant also did not plead unfair termination, so the lawfulness of the disciplinary process under ss 41, 43 and 45 of the Employment Act fell outside the issues for determination.

p. 5
02

Whether the Claimant is entitled to salary arrears from October 2022 to 2nd June 2023

Holding

Yes; this was not in dispute, and the court awarded Kshs 1,183,904.00.

Reasoning

Both parties were agreed on the salary due for the compulsory leave period. RW1 conceded the Association had no problem paying salary from October 2022 to June 2023 subject to handover of Association property. The court awarded the conceded arrears but directed the Claimant to attend the Association's offices for clearance and payment of terminal dues since handover had not occurred.

p. 6

Legal principles established

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  • Where elections of office bearers of an exempt society have not been challenged and invalidated in court, the court will not doubt the capacity of the elected officials, including their capacity to discipline employees.
  • A party is bound by its pleadings; where unfair termination is not pleaded, no remedy for unfair termination can be granted.

Court orders

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  1. 1.The Claimant is awarded the sum of Kshs 1,183,904.00 being unpaid salary from 1st October 2022 to 2nd June 2023
  2. 2.The Claimant shall attend the Association's offices for clearance and payment of his terminal dues, having not handed over the Association's property and documents in his possession
  3. 3.There will be no orders as to costs

Authorities

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Legislation

  • Data Protection Act2019 (generally)
  • Employment ActSections 41, 43 and 45
  • Societies Actexempt society provisions
  • Civil Procedure ActSection 1B
  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48

Cases cited (2)

  • George S Onyango vs Board of Directors of Numerical Machining Complex Limited & 2 others
    Nairobi Industrial Court Petition Number 35 of 2012
  • David Sironga Ole Tukai vs Francis arap Muge & others
    CA NO. 76 of 2014
Jurisdiction invoked
Employment and labour relations jurisdiction of the ELRC under Article 162(2) of the Constitution (implied; no provision expressly invoked in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Munyua v Sikalie & 2 others (Cause E385 of 2023) [2025] KEELRC 413 (KLR)", Case Analysis (2025). ELRC Cause (Nairobi), Memorandum of Claim dated 15th May 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/413/eng@2025-02-14

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