Ronoh v Kenya Electricity Generating Company PLC (KENGEN) & another (Employment and Labour Relations Petition E014 of 2023) [2024] KEELRC 1880 (KLR)
The bottom line
#Kenya's Employment Court ruled that stopping a sick employee's salary before following HR procedures violated her constitutional dignity and labour rights.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Petitioner's Constitutional rights have been violated
- 2.Whether the Petitioner is entitled to the remedies sought
Key legal issues
#Whether failure to allow work-from-home amounted to discrimination under Article 27
Not discriminatory - the work of a civil engineer is practical and site-based
The court accepted the Petitioner was sick and had been examined by doctors and the medical board, but found that her role as a civil engineer required physical presence at sites, making work-from-home impracticable. The Respondent's refusal to assign remote work was therefore justified and did not constitute less favourable treatment based on her medical condition.
Whether stopping the Petitioner's salary violated Articles 28 and 41
Yes - the stoppage was inhuman and breached dignity and fair labour rights
The court found the Respondent had a HR procedure for dealing with employees unfit for service on medical grounds (referral to a medical board and ratification) but did not exhaust it before unilaterally suspending the Petitioner's salary. Given her diagnosed work-related depression, the stoppage was inhuman, degrading and contrary to Articles 28 and 41 of the Constitution.
Whether the Petitioner is entitled to the remedies sought
Partially - Kshs 1 million damages awarded; other prayers not granted
Having found breaches of Articles 28 and 41, the court exercised its discretion under Article 23(3) to award Kshs 1 million in damages. The other reliefs (unfair dismissal compensation, notice pay, arrears, salary to retirement, certificate of service) were not granted, the salary-related claims having been overtaken by the reinstatement of salary under interim orders.
Legal principles established
#- An employer who suspends payment of a sick employee's salary before exhausting the HR procedure for retirement on medical grounds acts inhumanely and in breach of Articles 28 and 41
Court orders
#- 1.A declaration that the Respondents' stopping of the Petitioner's salary was inhuman and against Article 28 and Article 41 of the Constitution
- 2.Damages of Kshs 1,000,000 awarded to the Petitioner for breach of Articles 28 and 41
- 3.Costs of the petition awarded to the Petitioner
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Articles 22(1), 23(1) and 258 of the Constitution of Kenya
Relief refused
#Declaration of discrimination under Article 27
No evidence that the Petitioner was treated discriminatorily; work of a civil engineer is site-based so denial of work-from-home was not discriminatory
12 months' salary for unfair/constructive dismissal, salary in lieu of notice, salary arrears, leave pay, salary to retirement, certificate of service
Salary had been reinstated pursuant to interim orders, rendering those prayers overtaken by events; other prayers were spent
Costs
Costs awarded to the Petitioner (awarded damages 'of Khs 1 million with costs').
Quotable passages
#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 therefore true and my finding that the action of the Respondents of stopping the Petitioner’s salary was inhuman and against Article 28 of the Constitution and also against Article 41 of the Constitution on Labour rights
I accordingly award her damages of Khs 1 million with costs.
In the circumstances I find no evidence that the Petitioner was treated in a discriminatory manner under Article 27 of the Constitution.
Issues in the judgment
#The 2nd Respondent (Attorney General) is named and its constitutional duties under Article 156 pleaded, but no distinct orders or findings are made against it in the disposition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ronoh v Kenya Electricity Generating Company PLC (KENGEN) & another (Employment and Labour Relations Petition E014 of 2023) [2024] KEELRC 1880 (KLR)", Case Analysis (2024). Petition dated 14th July, 2023 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1880/eng@2024-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.