Kudheiha Workers v Masaku School for the Physically Disabled (Cause 2105 of 2012) (Civ) [2014] KEIC 128 (KLR)
The bottom line
#A Kenyan school that fired a cook verbally, without a hearing, and paid him below the minimum wage was ordered to pay him nearly Kshs. 300,000.
What this practically means
#Executive summary
#Key legal issues
#Procedural fairness in termination
The verbal termination of 15th October 2010 breached Section 41 of the Employment Act 2007, rendering the dismissal wrongful
The grievant was dismissed verbally without any hearing or explanation. The Respondent refused to engage with the Union officials and later declined to honour conciliation meetings set by the Ministry of Labour, and also failed to enter appearance or defend the suit. On the Claimant's uncontroverted evidence, the claim was proved on a balance of probability and compensation of three months' salary was awarded for wrongful dismissal.
Underpayment against the statutory minimum wage
The grievant, a cook, was placed in the Kshs. 8,819/- band under the 2008 Government Circular, and underpayment was recomputed accordingly
The Claimant produced the Government Circular of 2008 which set three bands for cooks: 8,819/-, 9,257/- and 9,721/-. The grievant earned Kshs. 6,262/- inclusive of house allowance. The court placed him at the lowest band of Kshs. 8,819/- per month and recomputed the underpayment because the Claimant's own calculations were erroneous and inaccurate in parts.
Legal principles established
#- Termination without regard to the procedure in Section 41 of the Employment Act 2007 is wrongful
- A claim proved on the documents and uncontroverted evidence succeeds even where the respondent declines to participate in conciliation and in the suit
Court orders
#- 1.Payment of 1 month salary in lieu of notice – Kshs. 8,819/-
- 2.Service gratuity for 10 years (15 days per year) – Kshs. 48,504.50
- 3.15 days worked in October 2010 – Kshs. 4,409.50
- 4.Prorate leave for 5 months – Kshs. 4,409.50
- 5.Underpayments totaling Kshs. 187,942/-
- 6.3 months compensation for wrongful dismissal – Kshs. 26,457/-
- 7.Total of Kshs. 289,360.50 with interest at 12% per annum from date of filing suit till payment in full
- 8.Costs of the suit to the Claimant
- Jurisdiction invoked
- Employment and labour relations jurisdiction under Article 162(2) of the Constitution (Industrial Court), suit for employment dues
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kudheiha Workers v Masaku School for the Physically Disabled (Cause 2105 of 2012) (Civ) [2014] KEIC 128 (KLR)", Case Analysis (2014). Cause No 2105 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2014/128/eng@2014-01-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.