Mwatsupha v BOM Kaya Twi Secondary School (Cause E031 of 2024) [2025] KEELRC 2124 (KLR)
The bottom line
#A Mombasa court ruled that a school unfairly fired its lab technician without notice or hearing, awarding her over Ksh. 420,000 in compensation and dues.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness of termination
The termination was unfair because the claimant was not given notice or a hearing before the board dismissed her
The board meeting of 14 February 2022 resolved to end the claimant's employment without requiring her attendance or input. Section 41 of the Employment Act mandates notice and a hearing before termination. The respondent, having not entered appearance, adduced no evidence of compliance. The claimant was dismissed on the basis she lacked a TSC service number despite long service and no due process.
Burden of proving reasons for termination
The respondent failed to prove valid and fair reasons, so the termination was deemed unfair under sections 43 and 45
Section 43 requires the employer to prove the reasons for termination; section 45(2) requires a valid, fair reason and fair procedure. The respondent did not appear or respond, so no reasons were proved. The court found the dismissal lacked justification and due process, entitling the claimant to compensation and notice pay.
Entitlement to compensation and CBA dues
Ten months' gross pay compensation, three months' notice pay and 15 days' pay per year gratuity were awarded under the CBA
Having served diligently for about 19 years and undertaken extra duties, the claimant merited compensation of ten months' gross pay. As a KUDHEIHA member, she was entitled to three months' notice pay for over ten years of service and service gratuity at 15 days' pay per year worked under the CBA.
Claims without particulars
Claims for holidays worked and unpaid salaries failed for want of particulars
The claimant did not specify the particulars of holidays worked and not paid, nor the period over which unpaid salaries were alleged. The court accordingly declined to award these heads, illustrating that a claimant must plead and particularise monetary claims.
Legal principles established
#- Termination of employment, whatever the reason, must follow the fair procedure under section 41 of the Employment Act, including notice and an opportunity to be heard
- The employer bears the burden of proving the reason for termination; failure renders the termination unfair under sections 43 and 45 of the Employment Act
- A termination lacking both justification and due process is unlawful and unfair
Court orders
#- 1.A declaration that the employment was terminated unfairly
- 2.Compensation of ten months' gross pay, Ksh. 191,650
- 3.Notice pay under the CBA, Ksh. 48,495
- 4.Service gratuity of Ksh. 182,067.50
- 5.Issuance of a certificate of service under section 51 of the Employment Act
- 6.Costs assessed at Ksh. 50,000
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act and section 12(4) of the Employment Act (as cited by the court on costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwatsupha v BOM Kaya Twi Secondary School (Cause E031 of 2024) [2025] KEELRC 2124 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2124/eng@2025-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.