Weche v African International University (Cause E198 of 2024) [2025] KEELRC 3021 (KLR)
The bottom line
#A Kenyan court rejected an employee's constructive dismissal claim but ordered his university employer to pay nearly Kshs. 500,000 in unpaid salary and leave dues.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was constructively dismissed
No. The redeployment was within the contractual rights under Clause 5, salary was retained, consultation occurred, and the resignation followed a show-cause notice, appearing to be an escape from disciplinary action
The court applied the two-branch test (breach of an express or implied term sufficiently serious to constitute constructive dismissal) and the Coca Cola v Ligaga principles. The Claimant attended the meeting discussing his redeployment, confirmed on cross-examination that redeployment was pursuant to Clause 5, retained his basic salary, and admitted losing only the extraneous allowance tied to his former position. Nothing showed the Respondent no longer intended to be bound by essential terms; the resignation followed a show-cause notice and seemed designed to avoid discipline.
Whether the Claimant was subjected to unfair labour practices
No. The claim failed because the Claimant did not specifically plead how his rights to fair labour practices were infringed
The court noted the issues raised as breaches of contract had already been addressed under the constructive dismissal claim, and no specific pleading on infringement of fair labour practices was made. The claim therefore could not stand.
Whether the Claimant is entitled to terminal dues
Yes. January 2024 salary, five days' salary for February 2024 and 18 accrued leave days were awarded as prayed
The Respondent led no evidence that the January salary and the five February days were paid, and did not controvert the leave claim or explain why terminal dues were unpaid after accepting the resignation. The terminal dues claim thus succeeded as prayed.
Legal principles established
#- Constructive dismissal arises when the employer's conduct amounts to a fundamental breach of contract showing the employer no longer intends to be bound by essential terms, and the employee resigns in response to that breach
- Consultation under Section 10(5) of the Employment Act does not have to result in concurrence
Court orders
#- 1.Payment of salary for the month of January 2024 at Kshs.236,833.00
- 2.Payment of salary for the 5 days worked in February 2024 at Kshs.56,390.00
- 3.Payment for 18 days accrued leave at Kshs.203,000.00
- 4.The Respondent shall bear the costs of the suit
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Employment Act, 2007; Article 41 of the Constitution invoked as to fair labour practices)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Weche v African International University (Cause E198 of 2024) [2025] KEELRC 3021 (KLR)", Case Analysis (2025). Statement of Claim dated 15th March 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3021/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.