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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 2717 (KLR)

Nganga v Kenya Kazi Services Limited (Cause 100 of 2019) [2025] KEELRC 2717 (KLR)

Employment and Labour Relations Court
3 October 2025
SRStella Rutto
4,069 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan manager who resigned during a lapsed redundancy process won only a pension reconciliation, losing claims worth millions because key arguments were never properly pleaded or proven.

What this practically means

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Executive summary

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The Claimant, recruited in 2006 and last serving as Key Accounts Manager – Nairobi, sued claiming Kshs. 7,093,642.40 and compensation on the basis that he was rendered redundant and unfairly terminated. By a letter dated 20th March 2017 the Respondent notified him that his position was likely to be affected by redundancy, but he was instead assigned to a newly created role of Division Manager, Nairobi North, which he accepted. The redundancy process ran from February 2017 to February 2018. In April 2018 the Claimant sought separation on redundancy terms; the Respondent declined, stating the exercise had lapsed and that he had been confirmed as Division Manager. By email of 15th May 2018 the Claimant substituted the word 'resignation' for 'redundancy' and exited on 15th May 2018. At trial the Court framed three issues. It declined to determine constructive dismissal, holding it was not pleaded and that submissions are not evidence. On the merits it found the redundancy notice was provisional and expired, and that the Claimant exited by voluntary resignation, not redundancy; the second issue was thereby moot. All monetary reliefs failed except pension: the Court directed the Respondent to reconcile contributions for the period 1st September 2006 to 31st December 2011 within thirty days, failing which judgment of Kshs. 517,500/= would be entered. The suit was otherwise dismissed with each party bearing its own costs. Judgment delivered at Nairobi on 3rd October 2025 by Stella Rutto, Judge.

Key legal issues

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01

Whether constructive dismissal, raised only in submissions, could be determined

Holding

No - constructive dismissal was not pleaded and does not arise for determination

Reasoning

The Court held that constructive dismissal must be specifically pleaded with particulars of the conduct compelling the employee to leave. The Claimant did not plead it in the Statement of Claim nor seek reliefs associated with such a claim; raising it for the first time in submissions was impermissible since submissions are not evidence.

p. 6
02

Whether the Claimant's employment ended by redundancy

Holding

No - the redundancy notice was provisional, expired, and the Claimant ultimately resigned voluntarily

Reasoning

The letter of 20th March 2017 gave notice of an intended, not final, redundancy with an envisaged termination date of 20th April 2017, which passed without termination. The redundancy process ran twelve months and was concluded. The Claimant sought separation on redundancy terms, was declined, then by email of 15th May 2018 substituted 'resignation' for 'redundancy' and his resignation was accepted.

p. 7
03

Entitlement to reliefs

Holding

All reliefs failed except a direction to reconcile pension contributions for 2006–2011

Reasoning

Claims for salary differential, severance and notice pay failed for want of proof or because the exit was a resignation, not redundancy. The bonus claim failed as payment was conditional on audited accounts never produced. The pension claim succeeded in part: the Member Benefits Statement showed scheme entry as 1st January 2012 despite confirmation in 2006.

p. 8

Legal principles established

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  • A claim for constructive dismissal must be specifically pleaded with particulars
  • Submissions do not constitute evidence and cannot take the place of proof

Court orders

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  1. 1.Suit founded on unfair termination of employment dismissed save for the residual pension issue
  2. 2.Respondent directed to reconcile the Claimant's pension contributions for the period 1st September 2006 to 31st December 2011 within thirty (30) days, failing which judgment to be entered in the sum of Kshs. 517,500/=
  3. 3.Each party to bear its own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act 2007

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Nganga v Kenya Kazi Services Limited (Cause 100 of 2019) [2025] KEELRC 2717 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2717/eng@2025-10-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.