Wachira v Mwaura t/a Rehoboth Computer Training Center (RCTC) (Appeal E030 of 2023) [2025] KEELRC 819 (KLR)
The bottom line
#A Kenyan employment appeal court awarded a former computer teacher underpayment and notice pay but refused unfair termination compensation because no one proved how the job ended.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant resigned or was terminated from employment
The trial court erred in presuming the Appellant resigned; the court holds the Appellant left employment under unclear circumstances
Neither party produced employment terms, documents evidencing the position held, or the purported resignation letter. The only document on record was a recommendation letter confirming the Appellant was a computer teacher for over ten years. The trial court's inference that the Appellant resigned voluntarily because he accepted a recommendation letter without complaint was a presumption unsupported by evidence.
Whether the Appellant was entitled to compensation for unfair termination and notice pay
Compensation for unfair termination was declined; notice pay of Kshs.11,536/= was awarded as the Respondent conceded
The burden under Section 47(5) of the Employment Act rested on the Appellant to prove unfair termination, and there was no evidence showing how the employment ended. However, the court awarded the amounts the Respondent conceded it was willing to pay in its submissions, namely underpayment of Kshs.58,540/= and notice pay of Kshs.11,536/=.
Whether the Appellant proved underpayment and overtime claims
Underpayment of Kshs.58,540/= awarded (as conceded); overtime claim declined as not proved
The court relied on Rogoli Ole Manadiegi v General Cargo Services Limited, holding that while employers must maintain employment records, the employee must prove claims for overtime pay. The Appellant presented no evidence of having worked overtime without compensation, so the claim failed on a balance of probability.
The Respondent's counterclaim for defamation/slander
The trial court's dismissal of the counterclaim was upheld; no evidence of defamation was established
The court found there was no evidence to support the claim for defamation against the Respondent. The Appellant had submitted that the Respondent failed to establish in what manner the institution was slandered, and the court adopted the trial court's finding that defamation was not proved on a balance of probabilities.
Legal principles established
#- A first appellate court must reconsider and re-evaluate the evidence and draw its own conclusions, while allowing for the trial court's advantage of seeing and hearing witnesses
- In a complaint of unfair termination, the employee bears the burden of proving that unfair termination occurred, while the employer must justify the grounds for termination
- A court cannot make presumptions in the absence of evidence on how employment ended
- Employers are responsible for maintaining employment records, but employees must prove their claims for overtime pay
Court orders
#- 1.The Appellant is awarded total underpayment of Kshs.58,540/=
- 2.The Appellant is awarded notice pay of Kshs.11,536/=
- 3.Compensation for unfair termination is declined
- 4.The claim for overtime is declined as not proved
- 5.The trial court's dismissal of the Respondent's counterclaim for defamation is upheld
- 6.Each party to pay their respective costs both of the lower court and of this court
- On appeal from
- Chief Magistrate's Court
- Not stated
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court's judgment and decree in an employment dispute
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wachira v Mwaura t/a Rehoboth Computer Training Center (RCTC) (Appeal E030 of 2023) [2025] KEELRC 819 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/819/eng@2025-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.