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ELRCDismissedEmployment and Labour Relations Cause, Nyeri (memorandum of claim dated January 27, 2021)· [2022] KEELRC 4099 (KLR)

Mugai v County Public Service Board of Marsabit & 2 others (Employment and Labour Relations Claim E007 of 2021) [2022] KEELRC 4099 (KLR)

Employment and Labour Relations Court of Kenya
28 September 2022
1,000 words in judgment
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The bottom line

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A Kenyan employment court dismissed a county worker's demotion and salary claim because he couldn't prove his pay was actually reduced or promotion unfairly denied.

What this practically means

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Executive summary

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The claimant, a former employee of the 3rd respondent for 37 years until his retirement in November 2019, worked as an assistant leather development officer deployed to the county government of Marsabit at the onset of devolution. He earned Kshs 46,230.00 at job group K. By a letter dated September 6, 2018, the 1st respondent purported to promote him to CLDA, job group CPSB 08, with effect from September 3, 2018, but at a monthly basic salary of Kshs 39,110.00 - which the claimant characterised as a demotion. He claimed salary underpayment and outstanding dues, seeking a declaration that the salary reduction was wrongful and unlawful, general damages of 12 months' salary for wrongful demotion (Kshs 554,760/-), underpayment for 14 months (Kshs 41,300/-), unpaid per diem of Kshs 115,500/-, interest and costs. The 1st and 2nd respondents denied the claim, asserting the promotion letter was stopped and the claimant continued earning Kshs 46,230.00. The 3rd respondent did not file a defence. The court framed three issues: whether the basic salary was lowered, entitlement to relief, and costs. Holding that promotion must be considered on its merits and that mere stagnation does not establish a violation, and finding no evidence of any salary reduction, the court dismissed the claim with each party bearing their own costs.

Key legal issues

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01

Whether the claimant's basic salary was lowered by the respondents

Holding

The court found no lowering of salary; the claimant continued to earn his legitimate salary and did not prove any reduction

Reasoning

The claimant relied on a September 6, 2018 letter of promotion which on its face stated a lower entry salary. The respondents denied any reduction and the claimant did not adduce evidence supporting a lowering of his actual salary or disadvantage to his employment contract. The court accepted the respondents' case and found no cause of action established.

p. 3
02

Whether the claimant was entitled to promotion and damages for alleged wrongful demotion

Holding

Promotion must be considered on its merits; the claimant failed to demonstrate a clear case of violated promotion or discriminatory denial

Reasoning

The court held that promotion, though a right, must be considered on its merits. A claimant alleging denial of promotion must demonstrate a clear case of violation, and mere stagnation for nine years does not suffice; the claimant should have shown the promotion was discriminatively denied relative to others in his cadre. No such evidence was adduced.

p. 3

Legal principles established

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  • Promotion in employment, though a right of the employee, must be considered on its merits, and an employee alleging denial of promotion must demonstrate a clear case of promotion violated, including discriminatory denial relative to others in the same cadre
  • Mere mention of stagnation in one position is insufficient to establish violation of the right to promotion

Court orders

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  1. 1.Dismissal of the claimant's claim
  2. 2.Each party to bear their own costs of the claim
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act / Employment and Labour Relations Court Act (claim for salary underpayment and non-payment of outstanding dues; specific provision not cited in judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mugai v County Public Service Board of Marsabit & 2 others (Employment and Labour Relations Claim E007 of 2021) [2022] KEELRC 4099 (KLR)", Case Analysis (2022). Employment and Labour Relations Cause, Nyeri (memorandum of claim dated January 27, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/4099/eng@2022-09-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.