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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 895 (KLR)

Wafula v Principal, Masimba High School & another (Cause E066 of 2023) [2025] KEELRC 895 (KLR)

Employment and Labour Relations Court
19 March 2025
NMNzioki Wa Makau
3,341 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan school couldn't legally stop an employee's salary entirely without suspending him or following any disciplinary process, and now owes him over Kshs. 769,000.

What this practically means

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Executive summary

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The Claimant, a bursar at Masimba High School from circa 2015, sued after his salary was stopped and his services effectively terminated without any disciplinary process. He sought a declaration that the stoppage of salary was unlawful, payment of outstanding salaries, damages for violation of fair labour practices and an injunction against further withholding. The Respondents alleged the Claimant forged his employment letter, awarded himself an inflated salary, absconded duty in April 2023 and was involved in the disappearance of Kshs. 14 million, justifying stoppage pending investigations. They later attempted to amend their response twice in 2024 to introduce a counterclaim for the allegedly inflated salary without leave of the Court. The Claimant testified he was never served with a show cause or suspension letter and was never charged despite DCI investigations; the Respondents' own witness conceded the Claimant's services were never terminated or suspended. The Court framed two issues: whether the stoppage of salary was unlawful, and whether the Claimant was entitled to relief. It found the complete stoppage unlawful, holding that even a suspended employee would be entitled to half salary. It pegged salary at Kshs. 41,000/- per Ministry of Education directives, awarded 16 months' unpaid salary (Kshs. 646,000/-), one month's notice pay (Kshs. 41,000/-) and two months' compensation (Kshs. 82,000/-), with interest. The counterclaim was dismissed for want of leave. Costs were limited to the sums awarded.

Key legal issues

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01

Whether the stoppage of the Claimant's salary was unlawful

Holding

The stoppage of salary was unlawful

Reasoning

The salary was stopped after the Claimant recorded a statement with the DCI, but he was never charged with any offence, never suspended, and never subjected to any disciplinary procedure. Neither a show cause letter nor a suspension letter was proved to have been served. Even if suspension had been warranted, only half salary could have been withheld. The Respondents had resiled from the contract.

p. 6
02

Whether the Claimant was entitled to the reliefs sought

Holding

Partially - unpaid salaries, one month's notice pay and two months' compensation awarded, but salary pegged at Kshs. 41,000/- per the Ministry of Education directive

Reasoning

The Court adopted the Ministry of Education directive capping a bursar's salary at Kshs. 41,000/- as the competent award sum, rejecting the claimed Kshs. 114,000/-/140,000/-. Having found the termination of services effected through the Respondents' conduct, it awarded notice pay and modest compensation given the Claimant could still seek employment.

p. 5
03

Whether the amended response and counterclaim filed without leave should stand

Holding

The counterclaim was dismissed

Reasoning

Pleadings had closed by early 2024 after the 2023 suit was filed. The Respondents amended their response twice in mid-2024 without seeking or obtaining leave of the Court, contrary to the procedural rules, so the purported counterclaim had no legal foundation.

p. 5

Legal principles established

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  • A complete stoppage of an employee's salary without suspension or disciplinary process is unlawful; at most, a suspended employee would be entitled to half salary during suspension
  • A party cannot file an amended defence and counterclaim without leave of the court after pleadings have closed

Court orders

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  1. 1.Unpaid salaries from February 2023 to May 2024 (16 months) less Kshs. 10,000/- paid = Kshs. 646,000/-
  2. 2.One month's salary as notice – Kshs. 41,000/-
  3. 3.Compensation for dismissal without following procedure equivalent to 2 months' salary – Kshs. 82,000/-
  4. 4.Interest at court rates on the sums awarded from the date of judgment till payment in full
  5. 5.Costs limited solely to the sums awarded
  6. 6.The counterclaim is dismissed with no order as to costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act and Article 162(2) of the Constitution (employment and labour relations dispute)

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, "Wafula v Principal, Masimba High School & another (Cause E066 of 2023) [2025] KEELRC 895 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/895/eng@2025-03-19

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