Njoroge v Attorney General & another (Cause 909 of 2012) [2014] KEIC 140 (KLR)
The bottom line
#A Kenyan school bursar won partial compensation for unfair dismissal, but lost salary claims for his suspension period.
What this practically means
#Executive summary
#Key legal issues
#Limitation - whether the suit was time barred
The suit was filed within three years of the dismissal and was therefore not time barred.
The Respondents argued the claim was filed outside three years. The court found the dismissal occurred on 30th November 1999 and the suit was filed in August 2002, within the three-year limitation period, rendering the objection unfounded.
Entitlement to salary during suspension
The Claimant, suspended without pay, was not entitled to salary for the suspension period.
The court held that a public servant's salary during suspension can be withheld in full or only allowances withheld. Since the Claimant was suspended without pay from May 1998 until termination on 30th November 1999, he could not claim the 12,481/- monthly salary for that period.
Terminal dues and acting allowance
The Claimant was awarded acting bursar's pay of Kshs. 111,110/-, salary for May 1998 of Kshs. 12,481/-, and severance pay for 8 years of Kshs. 49,924/-, totalling Kshs. 173,515/-.
Having served 8 years and acted as bursar, the Claimant established entitlement to acting pay, one month's salary and severance pay computed at the stated figures. The court quantified these heads and entered judgment accordingly, finding the claim partly successful.
Legal principles established
#- During suspension of a public servant, salary may be withheld in full or only applicable allowances withheld; a servant suspended without pay is not entitled to salary for the suspension period.
- A claim filed within three years of dismissal is not time barred under the applicable limitation period.
Court orders
#- 1.Judgment entered for the Claimant against the Respondents for Kshs. 173,515 plus costs
- 2.Claimant awarded costs of the suit as partly successful
- Jurisdiction invoked
- Not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge v Attorney General & another (Cause 909 of 2012) [2014] KEIC 140 (KLR)", Case Analysis (2014). Cause No 909 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2014/140/eng@2014-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.