Ndolo v Umma University (Appeal E097 of 2022) [2024] KEELRC 1393 (KLR)
The bottom line
#A Kenyan court upheld a redundancy where the employer issued proper notice and consulted staff, confirming employees get only statutory dues like severance pay.
What this practically means
#Executive summary
#Key legal issues
#Compliance with section 40 of the Employment Act in the redundancy
The redundancy was lawful; notice was issued on 8th December 2017 listing the Appellant, consultations took place, and the employees were not unionisable so notice to the staff and labour officer sufficed
Evidence was tendered before the trial court that the Respondent's management consulted and engaged the employees prior to the redundancy. The Appellant appeared on the list of staff in the notice dated 8th December 2017. The Respondent outsourced security services, so the Appellant's work of a particular kind ceased. The trial Magistrate correctly found the process lawful, and the Appellant's failure to clear with the employer undermined his claims.
Entitlement to notice pay, overtime and leave dues
The Appellant proved no entitlement beyond severance pay (Kshs. 32,512.50, being 15 days' pay per year on his Kshs. 14,450/- wage) and pay for leave earned but not taken
The trial court awarded severance correctly. The claim for overtime failed because the security guards were compensated with off days, exceeding the statutory one off-day per week. Leave travelling allowance was never approved by the University Council. The Appellant declined to clear with the employer and retained original documents, and did not prove any further sums due.
Duty of a first appellate court
The Court reassessed the evidence and law but found no reason to disturb the trial judgment, dismissing the appeal
Guided by the standard for a first appeal, the Court re-examined the record, noted the consultation evidence and the notice issued, and concluded the trial Magistrate's findings were supported by the evidence. The appeal lacked merit and was dismissed.
Legal principles established
#- On a first appeal, the court must reconsider the evidence and law and come to its own conclusion while making allowance for the fact that it neither saw nor heard the witnesses
- An employee whose employment ends by lawful redundancy is entitled only to the statutory dues under section 40 of the Employment Act, including severance pay and pay for leave earned but not taken
Court orders
#- 1.The appeal is dismissed as unmerited
- 2.No costs awarded
- 3.The Appellant is to collect the sum awarded by the Chief Magistrate in her Judgment of 9th June 2022
- On appeal from
- Chief Magistrate's Court at Kajiado (Employment and Labour Relations)
- Kajiado CMEL No. 3 of 2020
- Jurisdiction invoked
- First appellate jurisdiction over the Chief Magistrate's Court (Employment and Labour Relations) under the Employment and Labour Relations Court Act and Civil Procedure Act; specific provision not cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndolo v Umma University (Appeal E097 of 2022) [2024] KEELRC 1393 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1393/eng@2024-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.