Mendi & another v Kenya Educational Trust Ltd t/a Pembrooke House (Cause E041 of 2022) [2025] KEELRC 1755 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Claimants were unfairly terminated
Yes. The Respondent failed to establish valid reasons and procedural fairness; the billing records were unverified and the disciplinary hearing proceedings were not availed.
The Respondent's billing records had no clear provenance and no statements from the purported complaining parents or pupils. The Claimants served 12 years with no prior serious complaints. The disciplinary hearing minutes were not produced, so the court could not see what transpired or what tilted the balance against the Claimants. Both limbs of the Anuro test - substantive justification and procedural fairness - therefore failed.
Whether the Claimants were discriminated against at the workplace
No. The claim of racial discrimination was not proved on the evidence.
Despite detailed allegations that only black coaches were investigated and disciplined and submissions relying on ILO Convention No. 111 and precedent on the employer's burden of proof, the court found the allegations unsubstantiated. No substantive proof of differential treatment was demonstrated, so the claim of discrimination failed.
Legal principles established
#- For a termination of employment to pass the fairness test, there must be both substantive justification and procedural fairness.
- In any claim arising out of termination, the employer must prove the reasons for termination, failing which the termination is deemed unfair under section 45.
- Summary dismissal must not be resorted to without complying with procedural fairness and natural justice.
Court orders
#- 1.Judgment entered in favour of the Claimants for unlawful and unprocedural termination
- 2.6 months' compensation computed at Kshs.85,504 x 6 = Kshs.513,024/=
- 3.Costs of the suit to the Claimants
- 4.Interest at 14% per annum from date of judgment until full payment
- 5.Certificate of service to be issued within 30 days from the date of judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act (Employment Act, Sections 41, 43, 44, 45 and 51 invoked); Article 159(2)(d) and Article 48 of the Constitution cited in the delivery order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mendi & another v Kenya Educational Trust Ltd t/a Pembrooke House (Cause E041 of 2022) [2025] KEELRC 1755 (KLR)", Case Analysis (2025). Not stated in judgment (Statement of Claim dated 9th November 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1755/eng@2025-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.