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ELRCDismissedNot stated in the judgment· [2025] KEELRC 890 (KLR)

Abuya v County Government of Meru & 4 others (Cause E018 of 2023) [2025] KEELRC 890 (KLR)

Employment and Labour Relations Court
20 March 2025
OMONESMUS N MAKAU
2,924 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan doctor who resigned while under a show cause letter lost his constructive dismissal case because his resignation letter gave no reason.

What this practically means

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Executive summary

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The claimant, a Medical Doctor employed by the 2nd respondent as a Senior Assistant Director of Medical Services/Medical Specialist 1 and posted to Meru Teaching and Referral Hospital as a Medical Specialist Oncology, sued after receiving a show cause letter for absconding duty together with an immediate stoppage of his salary on 10th March 2023. He had been selected for a Fellowship in Hematology and BMT at HCG Cancer Centre, Bangalore, and claimed he had obtained departmental approvals for study leave, though he admitted he was never issued a release letter. Unable to sustain himself on a stopped salary, he resigned on 29th May 2023 and sued for declarations of constructive and unfair termination, violation of Articles 19, 27, 28, 30, 41, 43, 47 and 50 of the Constitution, 12 months' compensation, notice pay, salary arrears for April and May 2023, leave allowance and a certificate of service. The respondents contended his study leave was never sanctioned through the four-stage approval process, that he absconded, and that his resignation was voluntary evasion of discipline. The court framed two issues: whether the resignation amounted to constructive dismissal, and whether the reliefs were merited. Holding that the resignation letter stated no reason and did not attribute the exit to the employer's conduct, the court found the resignation voluntary and not proved to be constructive dismissal on a balance of probability. The constitutional violation claim failed for want of evidence; the salary stoppage was justified. All heads of relief failed and the suit was dismissed, with the court declining to order costs against the claimant and inviting the parties to pursue internal dispute resolution.

Key legal issues

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01

Whether the claimant's resignation amounted to constructive dismissal

Holding

No. The resignation was voluntary, was not attributed to the employer's conduct, and was made to evade disciplinary proceedings contemplated by the show cause letter.

Reasoning

The court applied the settled threshold for constructive dismissal: the resignation must be involuntary, triggered by employer conduct making the work environment intolerable or breaching the contract at its core, and must follow without unreasonable delay. The claimant's resignation letter stated no reason and did not blame the employer. He also failed to respond to the show cause letter, which the court found showed the resignation was voluntary evasion of discipline. The claim was not proved on a balance of probability.

p. 6
02

Whether stopping the claimant's salary violated his constitutional rights

Holding

No violation proved. The employer was justified in stopping salary because the claimant absented himself from work without approved leave and deliberately failed to respond to the show cause letter.

Reasoning

A constitutional violation cannot be established by mere allegation. The claimant left his duty station before the study leave approval process was complete and no release letter issued. When confronted with a show cause letter for absconding, he chose not to respond. In those circumstances the salary stoppage was a lawful employer response, not a breach of Articles 19, 27, 28, 30, 41, 43, 47 and 50, and no general damages could issue.

p. 6

Legal principles established

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  • For constructive dismissal, the resignation must be involuntary, triggered by the employer's intolerable conduct or repudiatory breach going to the core of the contract, and must occur without unreasonable delay.

Court orders

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  1. 1.The suit is dismissed.
  2. 2.Parties are at liberty to engage in internal dispute resolution mechanism in the public interest.
  3. 3.No order as to costs - the claimant is not condemned to pay costs of the suit.
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes under Article 162(2) of the Constitution and the Employment and Labour Relations Court Act (court forum; suit for unfair/constructive termination and constitutional violations)

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, "Abuya v County Government of Meru & 4 others (Cause E018 of 2023) [2025] KEELRC 890 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/890/eng@2025-03-20

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