Central Bank of Kenya v Martin King’ori

The plaint averred only that particulars would be supplied at hearing, which was never done save for one unproved gratuity figure. The court restated the trite rule from Coast Bus Service and Charles C. Sande that special damages must be pleaded with particularity and, if unknown, particulars must be supplied by amendment before strict proof. Procedural aids such as interrogatories, discovery and notice to produce were available to the respondent but unused.

The trial judge distinguished Rift Valley Textiles and Nkabu on the ground that the staff rules gave the bank no right to terminate on notice, leading to the absurd result of perpetual employment amounting to servitude. Following Central Bank of Kenya v Nkabu and Rift Valley Textiles, and applying section 14(5) of the Employment Act, the court held that the employer has a reciprocal statutory right to terminate on notice, limiting damages to the notice period.

The bank offered no evidence at trial and merely submitted that the respondent had not discharged his onus. The trial judge, having found the gratuity figure unsupported, nonetheless placed the onus of proof on the bank. The Court of Appeal held that a defendant carries no onus of proving the plaintiff's claim, and that the misdirection vitiated the finding on gratuity, which was in any event unproved.