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ELRCDismissedStatement of Claim filed 26th May 2020 (number not stated in judgment)

Wamalwa v Sagemcom Kenya Limited (Cause 210 of 2020) [2024] KEELRC 688 (KLR)

Employment and Labour Relations Court
28 March 2024
JRJames Rika
2,432 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An employee who accepted a redundancy package and stayed silent for three years lost his unfair termination claim against Sagemcom Kenya.

What this practically means

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Executive summary

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The Claimant, employed as Projects Manager on 10th May 2010, sued after his contract was terminated on grounds of redundancy by letter dated 28th July 2017, following the Respondent's loss of a Safaricom contract. He sought a declaration that the redundancy was unfair and unlawful, damages for discrimination, one month's notice pay, service pay for 7 years, and 12 months' salary as compensation for unfair termination. The Respondent maintained that due process was followed, notices were issued including to the Labour Office, the Claimant was consulted through his manager Watson Kambo, severance at 15 days' salary per completed year was paid, and that the Claimant had accepted the termination by e-mail. A preliminary objection on the identity of the employer (Sagem Communications Limited versus Sagemcom Kenya Limited) had been resolved in a Ruling of 3rd December 2020, the court finding both formed part of the same business. The court heard the Claimant, Kambo, and Managing Director Gregoire Durival. It found the Claimant's e-mail of 31st July 2017 accepted both the procedure and reasons for redundancy, thanked the Respondent and offered future service, showing the separation was amicable and consensual. The Claimant collected his redundancy cheque and filed suit only three years later, in afterthought. The Claim was declined with no order on costs, dated 28th March 2024.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Claimant's contract was terminated fairly and lawfully, on account of redundancy
  2. 2.Whether the Claimant merits the prayers sought

Key legal issues

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01

Validity and fairness of redundancy under Section 40 of the Employment Act

Holding

Though procedural objections were raised, the Claimant accepted the procedure and reasons for redundancy in writing, amounting to consensus/acquiescence

Reasoning

The Claimant's e-mail of 31st July 2017 acknowledged the termination letter, confirmed the process was well explained, thanked the Respondent, and offered future service. The court treated this as acceptance of both procedure and reason. He collected his redundancy cheque and stayed silent for nearly three years, indicating the separation was amicable and consensual rather than contested.

p. 5
02

Whether the delay in filing the claim undermined the claim

Holding

The claim filed three years after acceptance was an afterthought and did not merit remedies

Reasoning

The Claimant collected his redundancy cheque a month after termination and only filed suit on 26th May 2020, almost three years later. The court regarded the late claim, and the recruitment of his former manager as a witness who left the Respondent the same year, as afterthought incapable of supporting additional benefits.

p. 5

Legal principles established

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  • An employee who accepts termination and redundancy dues by agreement cannot later claim the redundancy was unfair

Court orders

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  1. 1.The Claim is declined
  2. 2.No order on the costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

JR
majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance employment claim)

Relief refused

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Declaration that redundancy was unfair and unlawful

Claimant accepted termination and redundancy package by e-mail of 31st July 2017

p. 6

Damages for discrimination, notice pay, service pay and 12 months' compensation

Claim filed in afterthought three years after accepting the decision and collecting the settlement cheque

p. 6

Costs

No order on the costs (each party to bear own costs implicitly; judgment states 'No order on the costs')

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

It Is Ordered: a. The Claim is declined. b. No order on the costs.
p. 6Final orders
Termination appeared amicable, and executed through the consensus of the Parties. There was no grievance.
p. 5Consensus on termination
If there were any infringements of redundancy law under the Employment Act, the Claimant acquiesced, collected his redundancy cheque, and was ready to move on
p. 5Acquiescence

Issues in the judgment

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minor

Case number and neutral citation not stated in the judgment text supplied

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, "Wamalwa v Sagemcom Kenya Limited (Cause 210 of 2020) [2024] KEELRC 688 (KLR)", Case Analysis (2024). Statement of Claim filed 26th May 2020 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/688/eng@2024-03-28

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