Kimani v Technobrain Kenya Ltd (Employment and Labour Relations Cause E478 of 2020) [2025] KEELRC 1173 (KLR)
The bottom line
#A Kenyan court refused to enforce an unsigned training bond against a former employee, but cut his payout because he resigned without notice.
What this practically means
#Executive summary
#Key legal issues
#Enforceability of the training bond
The training bond was not signed by the Claimant or any other signatory and is unenforceable; the Respondent cannot recover the training costs
The Respondent wanted the Claimant to sign an undertaking before the South Africa training but he declined. The Respondent's own witness confirmed none of the three signatories signed the bond, rendering it unenforceable. The court held the Respondent had a duty to ensure the bond was signed before the training and cannot benefit from its own laxity. Estoppel and implied-terms arguments did not avail the Respondent.
Discrimination claim
The discrimination claim failed for want of proof; the Claimant produced no documentary evidence that other similarly trained employees were not charged
The Claimant alleged that colleagues, including David Ayiele, who underwent the same South Africa training were not asked to repay training costs, amounting to discrimination. He produced no documents to prove this. The Respondent contended the allegations were hearsay and employee information confidential. The court found the claim without merit and dismissed it.
Terminal dues and notice pay
The Claimant is entitled to terminal dues comprising salary to 29/9/2017 and 48 accrued leave days, less one month's pay in lieu of the notice he did not give on resigning
The Claimant resigned without giving the contractual one month's notice. The court therefore deducted one month's salary (Kshs 150,196) from the computed dues of Kshs 427,360.22 (salary and 48 leave days), awarding a balance of Kshs 277,164.22. The Respondent's counterclaim for notice pay was subsumed in this set-off and its counterclaim otherwise dismissed.
Legal principles established
#- An unexecuted training bond cannot bind an employee or compel payment of training costs; the employer must ensure the bond is signed before the training and cannot benefit from its own laxity
- An employee who resigns without giving the contractual one month's notice is liable to have one month's pay in lieu of notice deducted from terminal dues
Court orders
#- 1.Award to the Claimant of salary and wages up to 29/9/2017 of Kshs 150,196/-
- 2.Award of 48 days leave of Kshs 277,164.22
- 3.Total award Kshs 427,360.22 less Kshs 150,196 in lieu of notice, balance Kshs 277,164.22 payable to the Claimant
- 4.Dismissal of the claim for discrimination
- 5.Dismissal of the Respondent's counterclaim
- 6.Respondents to pay costs of the suit plus interest at court rates with effect from the date of judgment
- Jurisdiction invoked
- Original employment and labour relations jurisdiction of the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimani v Technobrain Kenya Ltd (Employment and Labour Relations Cause E478 of 2020) [2025] KEELRC 1173 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1173/eng@2025-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.