Ng’eno v Board of Management Foothills School Kipipiri Miharati (Cause E031 of 2024) [2025] KEELRC 1214 (KLR)
The bottom line
#A Kenyan court ruled a former school principal resigned voluntarily, not unfairly dismissed, so he lost his Kshs. 4.29 million claim.
What this practically means
#Executive summary
#Key legal issues
#Whether the contract was unfairly terminated or the Claimant resigned
The Claimant voluntarily resigned; there was no termination by the Respondent.
The Claimant and the Director met informally, agreed on the need for leadership change, and the Claimant tendered a resignation letter dated 31st January 2024. The letter, titled 'end of tenure,' contained no hint of coercion. His subsequent e-mails asking for a 'top-up' of Kshs. 800,000 as a favour showed there was no agreed exit package; the figures were of his own creation. He bargained for the best exit he could but the claimed amounts were not enforceable in law.
Entitlement to overtime, public holiday and rest day pay
Not established; Wage Orders do not apply to a School Principal as management staff.
Overtime is payable under the Regulation of Wages (General Amendment) Order and Industrial Wage Orders, which protect low-income blue-collar workers without equal bargaining strength. A School Principal is management/white-collar staff whose terms must be found in his contract, individual or collective. The Claimant produced no contract or law entitling him to overtime, holiday or rest-day pay.
Whether the Claimant was denied annual leave
He was deemed to have taken annual leave during school vacations.
Teachers traditionally utilize annual leave during the April, August and December vacations to avoid interrupting the learning schedule, and the same applies to School Principals. The Deputy Principal confirmed this practice. The Claim was therefore not entitled to leave-based claims.
Legal principles established
#- Wage Orders protecting low-income/blue-collar workers do not automatically apply to management or white-collar staff, who must negotiate their own terms including overtime.
- Teachers, including School Principals, are deemed to utilize annual leave during school vacations.
- It is not the Court's role to remake a bargain a party failed to make for himself.
Court orders
#- 1.The Claim is declined
- 2.No order on the costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes under the Employment Act; compensation sought under Section 49(1)(c) of the Employment Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ng’eno v Board of Management Foothills School Kipipiri Miharati (Cause E031 of 2024) [2025] KEELRC 1214 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1214/eng@2025-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.