Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedNot stated in the judgment as provided

Monda v Aga Khan University (Cause E152 of 2023) [2025] KEELRC 632 (KLR)

Employment and Labour Relations Court of Kenya
4 March 2025
12,457 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~50 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that a medical resident paid a salary counts as an employee, so the university owed him over Kshs 1.4 million for removing him without a hearing.

What this practically means

#

Executive summary

#
Dr. Jonathan Monda, a medical resident in Anesthesiology at Aga Khan University engaged from 2nd January 2020 on a consolidated gross monthly pay of Kshs 180,000, was discontinued from the residency programme by letters dated 13th and 17th June 2022, backdated to 1st June 2022, over alleged failure to meet required standards. He appealed, and the Respondent's Appeals Committee reinstated him on probation by letter dated 13th November 2022, but he declined to return and sued for unpaid salary, leave, pension, notice pay, damages for breach and general damages. The Respondent denied an employment relationship, characterising him as a postgraduate student receiving a stipend, and maintained the discontinuation followed academic procedures. The court found that the offer letter coupled the residency with an employment opportunity, referencing salary, benefits and pre-employment processes. It held that the Respondent's decision to reinstate the Claimant on appeal amounted to an admission of wrongful initial discontinuation, and that the Respondent failed to demonstrate that a disciplinary committee was constituted or that the Claimant was heard before termination, which was required given the employment aspect of the contract. The court found that reinstatement entitled the Claimant to back pay and accrued leave, but that having declined reinstatement he was limited to unpaid salary and leave. Judgment was entered for Kshs 1,080,000 (six months' salary), Kshs 151,800 (cumulated leave) and Kshs 180,000 (one month's salary in lieu of notice), totalling Kshs 1,411,800 less statutory deductions, with liberty to pursue pension under the scheme. General damages and compensation beyond the arrears were not awarded. The Respondent was ordered to pay costs plus interest from the date of judgment.

Questions the Court framed

#

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

  1. 1.Whether the Claimant, a medical resident in a postgraduate residency programme paid a stipend/salary, was an employee of the Respondent
  2. 2.Whether the discontinuation from the residency programme and termination of the residency appointment were procedurally fair and in accordance with the AKU Graduate Programme Student Handbook
  3. 3.Whether the Claimant was entitled to back salaries for the period between termination and reinstatement, cumulated leave days, payment in lieu of notice, pension contributions, and general damages

Key legal issues

#
01

Status of the medical resident - employee or student

Holding

The court accepted that the residency arrangement carried an employment aspect notwithstanding its academic character, since the offer letter coupled training with salary, benefits and pre-employment processes

Reasoning

The admission letter offered the postgraduate residency and simultaneously referred to salary, benefits and costs to be made available through Human Resources and a formal written contract with pre-employment processes. The court therefore treated the engagement as training coupled with an employment opportunity, rejecting the pure-student characterisation for purposes of due process, while not making an express formal declaration of employment.

02

Procedural fairness of the discontinuation and termination

Holding

The termination was procedurally flawed because no disciplinary committee was constituted and the Claimant was not heard, contrary to the Student Handbook

Reasoning

The Student Handbook required that disciplinary breaches be reported to the Dean and referred to a Disciplinary Committee for investigation. The Respondent did not demonstrate that such a committee was constituted or that the Claimant was given an opportunity to defend himself. Because the contract had an employment aspect, due process was mandatory before termination. The late unsigned report compiled after termination could not cure this.

p. 22
03

Effect of reinstatement on appeal

Holding

Allowing the appeal and offering reinstatement admitted the initial discontinuation was wrongful and entitled the Claimant to back pay and accrued leave

Reasoning

The appeals committee reinstated the Claimant on probation, which the court viewed as an admission of wrongful initial discontinuation. Reinstatement envisages restoration to the pre-termination position, including back pay. The Respondent also failed to address the Claimant's unpaid salary and leave days when reinstating him, and the court awarded salary for the six-month termination-to-reinstatement period plus cumulated leave days as prayed.

p. 23
04

Entitlement after declining reinstatement

Holding

Having declined to return, the Claimant's entitlement was limited to unpaid salary and leave, not continuing benefits such as pension

Reasoning

The Claimant declined the offer to rejoin the programme, citing delay in determining his appeal. Because reinstatement was not taken up, the court did not award the 12 months' compensation or general damages sought; it limited recovery to the salary and leave unpaid as at the date of reinstatement, and left pension to be pursued under the pension scheme.

p. 23

Legal principles established

#
  • Where an institution allows an appeal against discontinuation and reinstates a trainee, that acceptance of the appeal amounts to an admission that the initial discontinuation was wrongful
  • An employee whose engagement carries an employment aspect cannot be terminated without due process, including an opportunity to be heard through a disciplinary process
  • Reinstatement entitles the reinstated person to back pay, being restoration to the position held before termination, and to any accrued leave

Court orders

#
  1. 1.Six months' salary not paid between the termination and reinstatement period: 6 x 180,000 = Kshs 1,080,000
  2. 2.Cumulated leave days as prayed: Kshs 151,800
  3. 3.One month's salary in lieu of notice: Kshs 180,000
  4. 4.Total award of Kshs 1,411,800 less statutory deductions
  5. 5.The Claimant is free to claim for his pension from the pension scheme
  6. 6.Respondents to pay costs of the suit plus interest at court rates with effect from the date of the judgment

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Jurisdiction of the Employment and Labour Relations Court admitted by the Claimant over employment reliefs under the Employment Act, 2007; the court noted 'the jurisdiction of this Honourable Court is admitted'

Relief refused

#

General damages for emotional, mental and physical distress and professional disrepute

Not included in the final orders; the court awarded only salary arrears, leave and notice pay

p. 23

Damages for breach of employment laws / 12 months' compensation for unfair termination

Claimant had declined reinstatement and the court limited the award to salary for the termination-to-reinstatement period and leave; compensation beyond that was not granted

p. 23

Cumulated pension contributions of Kshs 225,000

The court did not award the claimed sum but directed the Claimant to pursue the pension scheme directly

p. 23

Costs

The respondents will pay costs of this suit plus interest at court rates w.e.f the date of this judgment

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.

The acceptance of the appeal was in my view an admission of a wrongful initial discontinuation of the claimant from the programme.
p. 22Effect of allowing an appeal against discontinuation
The respondents have not demonstrated that they constituted a disciplinary committee to investigate claims against the claimant. He was not given an opportunity to defend himself.
p. 22Procedural fairness and right to be heard
It is indeed true that the respondents having decided to reinstate the claimant unto the programme he was entitled to his back pay as reinstatement envisages putting him in a position he was in before the termination.
p. 23Back pay upon reinstatement
The claimant having opted not to go back to his residency, he is only entitled to payment of his salary and leave not paid.
p. 23Consequences of declining reinstatement
The respondents will pay costs of this suit plus interest at court rates w.e.f the date of this judgment.
p. 23Final orders - costs and interest

Issues in the judgment

#
minor

The date of the appeal decision is inconsistent: elsewhere the decision communicating reinstatement is dated 13th November 2022, but the Claimant's submissions describe a decision 'vide a letter dated 13th September 2022'

minor

The date of the discontinuation report is inconsistent: it is variously referred to as dated 7th September 2022 and 7th September 2021

minor

The date of the reinstatement letter is inconsistently given as 13th November 2020 in the Respondent's submissions, against 13th November 2022 elsewhere

minor

The date of the Respondent's Statement of Response is inconsistent: dated 6th April 2023 in the court's narrative but 6th April 2024 in the Respondent's submissions

minor

The claimed pension figure varies between Kshs 225,000 in the Statement of Claim and Kshs 25,000 in the closing submissions

minor

No case number or neutral citation appears in the judgment text provided

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Monda v Aga Khan University (Cause E152 of 2023) [2025] KEELRC 632 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/632/eng@2025-03-04

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