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ELRCPartially AllowedCause No 18 of 2022· [2025] KEELRC 1016 (KLR)

Kassim v ACK Diocese of Kitale (Cause 18 of 2022) [2025] KEELRC 1016 (KLR)

Employment and Labour Relations Court
28 March 2025
3,286 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The deceased claimant was employed as manager of Bishop Muge Guest House and Conference Centre under the ACK Diocese of Kitale from September 2012, confirmed in 2016, until her employment was terminated by letter dated 1st March 2019 following a disciplinary hearing on 21st February 2019 over persistent underperformance and financial losses. She claimed Kshs. 5,089,903 in salary and allowance arrears from January 2014 to February 2019, damages for wrongful dismissal and unfair termination, interest and costs. She died during the suit and was substituted by her daughter as legal representative. The Respondent denied the claims, alleging instead that the facility underperformed and accrued losses, and that a fair disciplinary process preceded termination. The court framed two issues: whether the termination was fair, and whether the estate was entitled to the remedies sought. It found the disciplinary hearing and board properly constituted, and that underperformance and the facility's financial distress amounted to a valid reason under sections 43 and 45 of the Employment Act, making the termination both substantively and procedurally fair. The specific arrears figure, being special damages subject to strict proof, was not proved - no breakdown was given and the Task Force Report showed no payroll records. However, as the Respondent admitted arrears were owed, the court in its discretion awarded the estate two years' salary totaling Kshs. 1,953,288. Damages for wrongful dismissal were declined. Interest was awarded at court rates from the date of judgment, and each party was ordered to bear its own costs.

Key legal issues

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01

Whether the disciplinary hearing and board were properly constituted

Holding

The disciplinary hearing and subsequent board meeting were properly constituted; no evidence showed the Bishop was unqualified to chair or that the Claimant objected

Reasoning

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.

p. 6
02

Whether there was valid reason for termination

Holding

Underperformance and the facility's financial losses constituted a valid reason under sections 43, 45 and 44(4)(c) of the Employment Act

Reasoning

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.

p. 7
03

Whether the estate proved the arrears of salary claimed

Holding

The specific sum of Kshs. 5,089,903 was not proved; however, the Respondent admitted arrears of salary existed

Reasoning

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.

p. 8

Legal principles established

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  • 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

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  1. 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. 2.Interest at court rates on the sum awarded from the date of judgment
  3. 3.Each party to bear its own costs

Authorities

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Legislation

  • Employment Actsection 45
  • Employment Actsection 43
  • Employment Actsection 41
  • Employment Actsection 44(4)(c)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)

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, "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.