Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers v Board of Management, Murera Secondary School (Cause E230 of 2024) [2025] KEELRC 2442 (KLR)

5. The Cause was heard as scheduled, and Edward Karanja (the Grievant) testified. 6. The Union filed submissions on a date which is not discernible from the CTS system. 7. The Court has considered the Memorandum of Claim, evidence and submissions. Service gratuity 8. The Grievant was employed by the Respondent as an ICT Teacher/Oficer on 9 February 2004. On 27 June 2022, the Grievant gave notice of resignation to the Respondent and requested to be paid his terminal dues. 9. The Respondent did not pay the dues, and the Grievant reported to the Union, of which he was a member. The Union reported a trade dispute to the Cabinet Secretary, Labour, who in turn appointed a Conciliator. 10. The Conciliator took submissions from the parties and issued a report dated 4 September 2023, in which he made a finding that the Grievant had worked with the Respondent for 17 years and recommended that the Respondent pay the Grievant gratuity. 11. The Conciliator was performing a statutory duty. 12. In Court, the Grievant testified that he was entitled to service gratuity under clause 31 of the Collective Bargaining Agreement between the Union and the Ministry of Education. 13. The Grievant’s letter of appointment incorporated the terms of agreement between the Union and the Ministry of Education. 14. Clause 31 of the Collective Bargaining Agreement between the Union and the Ministry provided for payment of service gratuity to employees who retire and had continuously served for 10 years and attained 50 years of age. 15. Apart from the agreement, the Union sought to rely on clause 20 of the Guidelines on Personnel in Government Maintained/Assisted Secondary and Special Schools issued by the Ministry of Education Circular issued on 27 June 1996. 16. The Circular made service gratuity part of the employment terms after a minimum of 5 years' service, but after reaching 55 years, at the rate of one month's basic salary. 17. The Circular is silent on whether an employee who resigns is entitled to service gratuity. 18. The Grievant resigned but did not retire. The question is, therefore, whether an employee who retires should be treated difierently from one who resigns? 19. The Respondent did not attend the hearing nor file submissions to give its views on the question. 20. Without any insights from the Respondent, and based on the recommendations of the Conciliator and clause 20 of the Guidelines, the Court is of the view that there should be no difierentiation on payment of gratuity where it is provided for, depending on how one separates from the employer. 21. The Court will consequently allow this head of the claim in the sum of Kshs 408,000/- (the Grievant was earning a basic salary of Kshs 24,000/- and he served for 17 years). https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2442/eng@2025-09-18 2

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House allowance 22. The Union claimed house allowance totalling Kshs 115,200/- on behalf of the Grievant. A Circular dated 11 August 2015 from the Salaries and Remuneration Commission was produced in Court. 23. House payment is payable every month, and when not paid, constitutes an injury falling within the sphere of continuing injury. In actions asserting continuing injury, legal proceedings should be commenced within 12 months of the cessation of the injury. 24. The Grievant resigned efiective 30 September 2022, and the limitation period lapsed on 29 September 2023. The instant action was commenced outside the prescribed limitation time for continuing injury, and the Court cannot therefore entertain this head of the claim. Leave allowance 25. The Union prayed that the Grievant be awarded Kshs 72,000/- (varied to Kshs 73,740/- in the submissions) on account of leave allowance, and a basis was founded upon an undisclosed clause in the collective bargaining agreement. 26. The Collective Bargaining Agreement does not provide for any special payment apart from the monthly salary, and the Court declines to grant this head of relief. Leave travelling allowance 27. The Union called to aid Circular DPM/2/BA VOL.III/(165) to claim leaving travelling allowance of Kshs 9,000/- on behalf of the Grievant. 28. The Circular directed that employees within the public service proceeding on annual leave be paid leave allowance according to their respective grades. 29. The Court will allow this head of the claim. Unpaid commuter allowance 30. On account of commuter allowance, the Union prayed for the grant of Kshs 144,000/- for 3 years. 31. The Union cited a Circular from the Salaries and Remuneration Commission. A copy of the Circular was not produced in Court, and relief is declined. Conclusion and Orders 32. Flowing from the above, the Grievant is awarded: i. Service gratuity Kshs 408,000/- ii. Leave travelling allowance Kshs 9,000/Total Kshs 417,000/- 33. All the other heads of claims are dismissed. 34. Due to the social partnership between the parties, no order on costs. DELIVERED VIRTUALLY, DATED AND SIGNED IN ISIOLO ON THIS 18TH DAY OF SEPTEMBER 2025. RADIDO STEPHEN, MCIARB https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2442/eng@2025-09-18 3

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JUDGE Appearances For Claimant Mr Maina, Industrial Relations Oficer Respondent did not participate Court Assistant Wangu https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2442/eng@2025-09-18 4

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