Korir v Mediheal Group of Hospitals (Cause E053 of 2024) [2025] KEELRC 2738 (KLR)
The bottom line
#A Kenyan court refused a pharmacist's constructive dismissal claim because she walked out without resigning, awarding only one month's unpaid salary and a certificate of service.
What this practically means
#Executive summary
#Key legal issues
#Whether withholding of salary amounts to constructive dismissal
Withholding salary is a repudiatory breach, but constructive dismissal was not proved because the Claimant walked out without resigning and never communicated termination.
Non-payment of salary strikes at the core of the employment relationship and Kenyan courts have treated it as a repudiatory breach capable of grounding constructive dismissal. However, constructive dismissal requires the employee to terminate the employment in response to the employer's fundamental breach, ordinarily by a resignation letter citing the breach. The Claimant neither pleaded nor proved termination or resignation; she simply walked out. Both parties were therefore in breach and the claim for constructive dismissal failed.
Entitlement to salary arrears
Only December 2023 salary awarded, as the salary register showed payment up to November 2023.
The only evidence of non-payment was the Annual Salary Register for January to December 2023, which reflected that salary was paid up to November 2023. The claim for 5 months' arrears therefore failed except for December 2023, awarded at Kshs. 90,678.
Certificate of service
The Claimant is entitled to a certificate of service under Section 51(1) of the Employment Act 2007.
Regardless of the failure of the dismissal claim, the statutory right to a certificate of service under Section 51(1) of the Employment Act 2007 is independent and was granted.
Legal principles established
#- For constructive dismissal there must be a resignation by the employee in response to a fundamental breach of the employment contract by the employer, ordinarily evidenced by a resignation letter citing the breach.
- A party in breach of contract cannot claim compensation from the other party who is also in breach.
- An employee who is a contributing member of NSSF is not entitled to service pay.
Court orders
#- 1.The Respondent to issue a Certificate of Service to the Claimant pursuant to Section 51(1) of the Employment Act 2007.
- 2.Each party shall bear its costs of the suit.
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act 2007 and Article 41 of the Constitution (as invoked in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kiogora v Ndarawetta Tea Factory Ltd (Cause E006 of 2025) [2026] KEELRC 2446 (KLR)[2026] KEELRC 2446 (KLR)23 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Korir v Mediheal Group of Hospitals (Cause E053 of 2024) [2025] KEELRC 2738 (KLR)", Case Analysis (2025). Not stated in judgment (ELRC cause, Statement of Claim dated 8th July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2738/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.