Gichuki v Board of Management Gachatha High School (Employment and Labour Relations Cause E023 of 2024) [2025] KEELRC 231 (KLR)
The bottom line
#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 claimant is entitled to the reliefs sought in the claim
Key legal issues
#Entitlement to service gratuity upon retirement
The claimant, having served 38 years and retired at 60, was entitled to service gratuity of one month's basic salary per year served, totalling Kshs.719,986
The claimant's case was uncontroverted by pleading or evidence. The Ministry of Education circular dated 10th January 2005, issued under Ministerial Legal Notice No.263 of the Education Act Cap 211, provides that service gratuity is payable to employees who have worked ten years continuously and attained the qualifying age, computed as basic salary at retirement multiplied by years served and divided by 12. The respondent's reliance on NSSF was rejected as the circular confirmed gratuity entitlement.
Claim for salary in lieu of notice
Dismissed because the claimant received about two months' notice of retirement
The court found on the uncontroverted material that the letter dated 21st October 2022 gave notice of retirement effective 22nd December 2022, being approximately two months' notice. Notice in lieu is only payable where no notice or inadequate notice was given; since proper notice was given, the claim for one month's salary in lieu of notice fails.
Claim for terminal leave
Dismissed for lack of particulars and evidential support
The claimant did not particularise the terminal leave claim, produced no evidence supporting it, and did not anchor it on her contract of employment. Absent a contractual or other legal basis, the claim could not succeed and was accordingly rejected.
Legal principles established
#- Non-teaching staff in public secondary schools who have served continuously for at least ten years and attained the qualifying age are entitled to service gratuity computed at one month's basic salary for each year served, per the Ministry of Education circular
Court orders
#- 1.Judgment entered for the claimant for service gratuity of Kshs.18947 x 38 years = Kshs.719,986
- 2.Costs of the suit to the claimant at the Lower court scale
- 3.Interest at court rates on the award from the date of filing suit
- 4.The award is subject to statutory deductions
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the trade dispute referred to the Labour Cabinet Secretary and adjudicated after unsuccessful conciliation
Relief refused
#One month's salary in lieu of notice
The claimant was given about two months' prior notice of retirement, so the notice claim fails
Terminal leave
The claim lacked particulars, was unsupported by evidence and was not anchored on the contract of employment
Adoption of the conciliator's recommendation certificate
Not expressly adopted; the court instead independently assessed entitlement and awarded service gratuity only
Costs
Costs of the suit to the claimant at the Lower court scale
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.
Consequently, I find that the claimant is entitled to service gratuity and proceed to enter judgment for her as prayed being Kshs.18947 x 38 years =Kshs.719,986. She will also have costs at the Lower court scale and interest at court rates from the date of filing suit. The award is subject to statutory deductions.
The above circular confirms that the claimant was entitled to service gratuity at the rate of one month’s basic salary for each year served.
The above facts were not controverted by pleading or rebutted by evidence.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gichuki v Board of Management Gachatha High School (Employment and Labour Relations Cause E023 of 2024) [2025] KEELRC 231 (KLR)", Case Analysis (2025). Memorandum of Claim dated 23rd May, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/231/eng@2025-02-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.