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ELRCPartially AllowedNot stated in the extract provided

Kegocha v Bones (As an official of Good Shepherd Africa Gospel Church, Ngong Road) & another (Cause 55 of 2020) [2025] KEELRC 881 (KLR)

Employment and Labour Relations Court
19 March 2025
2,741 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled a pastor unfairly fired a church employee and personally owes her over Kshs.1 million plus pension and tax payments.

What this practically means

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Executive summary

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The claimant, employed as a children's pastor from 2012 and later promoted to pastor in charge of several ministries, was terminated with effect from 31.01.2017 by a letter dated 01.12.2016. She sued the 1st respondent (the lead pastor) and the 2nd respondent (the Trustees of the Africa Gospel Church Kenya) seeking a permanent injunction against maligning her, a declaration of unfair termination, 12 months' compensation, pension contributions, public holiday pay, unremitted PAYE, a certificate of service, costs and interest. The respondents each denied being her employer and maintained the termination was lawful, substantively and procedurally fair, and that she was heard and paid her dues. The court found the 1st respondent to be the employer, as manager or agent, since the Local Church Council was not shown to be a person in law. The termination was held unfair both in procedure and substance: no minutes, no show-cause or invitation letters, no particulars of misconduct under section 43, no valid reason under section 45, and no notice and hearing under section 41 of the Employment Act. Aggravating factors included the absence of due process and the respondents' failure to consider her administrative appeal. The court awarded maximum compensation of 12 months at Kshs.85,560.20 per month (Kshs.1,026,722.40 less PAYE), outstanding pension of Kshs.51,821.44, PAYE deductions of Kshs.256,635.88 with interest or penalties, a permanent injunction against maligning the claimant, and a declaration of unfair termination. The claim for public holiday pay failed for want of particularisation and strict proof. The 1st respondent was ordered to pay the claimant's costs; the 2nd respondent to bear own costs.

Questions the Court framed

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

  1. 1.Who was the claimant's employer - the 1st respondent or the 2nd respondent?
  2. 2.Whether the termination of the claimant's employment was substantively and procedurally unfair
  3. 3.Whether the claimant is entitled to the reliefs claimed, including PAYE, pension, public holiday pay, certificate of service and costs

Key legal issues

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01

Identity of the employer

Holding

The 1st respondent, not the 2nd respondent, was the claimant's employer as the Pastor and Manager/Agent of the Local Church Council.

Reasoning

Section 2 of the Employment Act defines employer to include an agent, foreman, manager or factor. The 1st respondent admitted he served the termination letter and acted on behalf of the Local Church Council. Since the Council was not shown to be a legal person, the 1st respondent in his capacity as Pastor and Manager amounted to the employer.

p. 4
02

Procedural and substantive fairness of termination

Holding

The termination was unfair both procedurally and substantively; maximum 12 months' compensation awarded.

Reasoning

No minutes of the disciplinary meeting, no show-cause or invitation letters, no particulars of misconduct under section 43, no valid reason under section 45 and no notice and hearing under section 41. The failure to consider the administrative appeal was aggravating. Compensation was computed at Kshs.85,560.20 per month (per the February 2016 payslip) for 12 months.

p. 5
03

Unremitted PAYE and pension contributions

Holding

The claimant is entitled to the unremitted PAYE and pension as claimed, per the deductions on the exhibited payslips.

Reasoning

The claims were specifically particularised and, in the absence of any material from the respondents showing remittance, the court found the claimant entitled as claimed and per the deductions shown on the exhibited payslips.

p. 5
04

Public holiday pay claim

Holding

The claim failed for want of particularisation and strict proof.

Reasoning

The claimant did not particularise the days worked on public holidays nor the base of the computation; such claims must be specifically pleaded and strictly proved as trite law, so the claim for Kshs.151,317 was dismissed.

p. 5

Legal principles established

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  • Where an entity controlling the employer is not shown to be a person in law, the manager or agent who acts for the employer against an employee is the employer as defined in section 2 of the Employment Act.
  • Termination based on general, empty allegations without particulars, notice or hearing is unfair both in substance and procedure under sections 41, 43 and 45 of the Employment Act.
  • Claims for public holiday pay must be specifically pleaded and strictly proved.

Court orders

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  1. 1.Permanent injunction issued barring the respondents or their agents from maligning the claimant in view of the unfair termination
  2. 2.Declaration that the termination of the claimant's contract of employment was unfair
  3. 3.1st respondent to pay Kshs.1,026,722.40 (less PAYE) for unfair termination and Kshs.51,821.44 in outstanding pension by 01.06.2025, failing interest at court rates
  4. 4.1st respondent to indemnify the claimant or pay PAYE deductions of Kshs.256,635.88 plus accrued interest or penalties
  5. 5.Delivery of the claimant's certificate of service per section 51 of the Employment Act, 2007 by 11.04.2025
  6. 6.1st respondent to pay the claimant's costs of the suit; 2nd respondent to bear own costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment Act, 2007 (Employment and Labour Relations Court jurisdiction over employment disputes)

Relief refused

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Payment for working during public holidays (Kshs.151,317)

The claim was not particularised nor strictly proved

p. 5

Costs

The 1st respondent to pay the claimant's costs of the suit and the 2nd respondent to bear own costs of 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.

By those testimonies and the Local Church Council not having been shown to be a person in law, the Court finds that the 1st respondent as the Pastor and Manager amounted to the employer as defined in the Act.
p. 4Identity of employer under section 2 of the Employment Act
Accordingly the Court returns that the procedure and reasons for termination were both unfair.
p. 5Unfair termination
The claim on pay for work on public holidays will fail.
p. 5Proof of public holiday pay claim
1. The permanent injunction hereby issued baring the respondents by themselves or their respective agents from maligning the claimant in view of the unfair termination herein.
p. 5Final orders - injunction
3. The 1st respondent to pay the claimant a sum of Kshs.1,026,722.40 (less PAYE) for the unfair termination and Kshs.51,821.44 in outstanding due pension by 01.06.2025 failing interest at Court rates to be payable thereon until full and final payment.
p. 6Final orders - compensation and pension
6. The 1st respondent to pay the claimant’s costs of the suit and the 2nd respondent to bear own costs of the suit.
p. 6Final orders - costs

Issues in the judgment

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minor

Compensation computed at Kshs.85,560.20 per month differs from the pleaded salary of Kshs.89,000 used in the claimant's computation of 12 months' compensation.

minor

Internal inconsistency in the judgment's narration of the warning letter response - the judgment first states she signed under coercion and later states she failed to complain to the lay leader.

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, "Kegocha v Bones (As an official of Good Shepherd Africa Gospel Church, Ngong Road) & another (Cause 55 of 2020) [2025] KEELRC 881 (KLR)", Case Analysis (2025). Not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/881/eng@2025-03-19

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