Kassim v ACK Diocese of Kitale (Cause 18 of 2022) [2025] KEELRC 1016 (KLR)
The bottom line
#A Kenyan court upheld a church-run facility's termination of its manager but awarded her estate two years' salary as unproven arrears, showing documentation wins and loses cases.
What this practically means
#Executive summary
#Key legal issues
#Whether the disciplinary hearing and board were properly constituted
The disciplinary hearing and subsequent board meeting were properly constituted; no evidence showed the Bishop was unqualified to chair or that the Claimant objected
The Claimant alleged unfairness because the Bishop chaired the disciplinary hearing. The court found no evidence that the Bishop was unqualified or that the Claimant objected to the panel's composition. The termination decision was made by the Board meeting of 28 February 2019, which the Bishop did not chair. The process complied with section 41 of the Employment Act and was procedurally fair.
Whether there was valid reason for termination
Underperformance and the facility's financial losses constituted a valid reason under sections 43, 45 and 44(4)(c) of the Employment Act
The show cause and termination letters cited persistent underperformance and huge financial losses. The Task Force Report and Board minutes showed accumulated salary arrears and a CCK loan of Kshs. 40,000,000 without repayment. The deceased did not contest this state of affairs. Under section 43 the employer proved the reason, satisfying section 45's substantive fairness requirement.
Whether the estate proved the arrears of salary claimed
The specific sum of Kshs. 5,089,903 was not proved; however, the Respondent admitted arrears of salary existed
No breakdown of the claimed figure was provided and a multiplication of salary by unpaid months did not add up. The Task Force Report noted the absence of a master roll or payroll. The Claimant, as custodian of the Respondent's records, did not hand over documents despite requests. Since the Respondent admitted salaries were owed, the court exercised discretion to award two years' salary as quantum.
Legal principles established
#- A claim for salary arrears is in the nature of special damages subject to strict proof
- Under section 45 of the Employment Act, an employer must prove a valid and fair reason and a fair procedure; under section 43 failure to prove the reason renders termination unfair
Court orders
#- 1.Award to the Claimant's estate of 2 years' salary at Kshs. 81,387 x 24 = Kshs. 1,953,288 in lieu of the unproven arrears claim
- 2.Interest at court rates on the sum awarded from the date of judgment
- 3.Each party to bear its own costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kassim v ACK Diocese of Kitale (Cause 18 of 2022) [2025] KEELRC 1016 (KLR)", Case Analysis (2025). Cause No 18 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1016/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.