Njogo v Kenya Institute of Management (Cause E236 of 2024) [2025] KEELRC 688 (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 terminal dues in the sum of Kshs 3,113,862/70 from the Respondent
- 2.Whether the Claimant is entitled to the amount deducted from her salary on account of pension which was not remitted to Jubilee Insurance Company Limited
- 3.Whether the separation was a resignation or a Pre-Mature Retirement under clause 12.6 of the Human Resources Policies and Procedures Manual
- 4.Whether the Claimant is entitled to the costs of the suit
Key legal issues
#Whether the Claimant's separation was a resignation or a Pre-Mature Retirement
It was a Pre-Mature Retirement under clause 12.6 of the HR Manual, and the Executive Director's written acceptance promising benefits, including severance pay, bound the Respondent
The Employment Act does not define resignation, so the contract and the incorporated HR Manual govern. The Manual recognised only Early Retirement and Pre-Mature Retirement as modes of separation at the employee's request. The Claimant's letter referenced Pre-Mature Retirement and chapter 12, and the Executive Director accepted it under clause 12.6, setting out payable benefits including severance. He was not called to testify, and the Respondent's witness could not vary the memo orally.
Entitlement to severance pay, September 2023 salary, accrued leave and leave allowance
All four heads awarded: severance Kshs 650,000/- (uncontroverted), September salary Kshs 86,667/- (admitted in re-examination), accrued leave Kshs 4,333/- and leave allowance Kshs 65,000/- (employer failed to produce leave records)
The Respondent did not interrogate the severance computation. Its witness admitted part of September 2023 salary was owed. Section 10(3) of the Employment Act obliges the employer as custodian of records to produce leave records; failing that, the court accepts the Claimant's testimony on accrued leave and clause 7.4 of the Manual supports a 50% basic salary leave allowance for 2022/2023.
Legal principles established
#- Where an employer's authorised officer makes a written promise of separation benefits under a policy manual, oral testimony cannot vary those written terms; failure to call the author of the memo without explanation supports the employee's case
- As custodian of employment records, an employer must produce leave records under section 10(3) of the Employment Act, 2007; failure allows the employee's leave claims to be allowed
Court orders
#- 1.Declared that the Claimant resigned through Pre-Mature Retirement in terms of clause 12.6 of the Human Resources Policies and Procedures Manual
- 2.Awarded severance pay of Kshs 650,000/-
- 3.Awarded September 2023 salary of Kshs 86,667/-
- 4.Awarded accrued leave of Kshs 4,333/-
- 5.Awarded leave allowance of Kshs 65,000/-
- 6.Total award of Kshs 806,000/- with interest at court rates from the date of filing suit until payment in full
- 7.Costs denied to the Claimant
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 employment disputes (Employment Act, 2007); not expressly stated in the judgment
Relief refused
#August - December 2022 salary (Kshs 200,000/-)
No evidential foundation laid in witness statement or oral testimony
July 2022 - August 2023 salary (Kshs 1,820,000/-)
Treated as special damages not proved; overlapping/duplicative with prior head; no evidence of non-payment
Loan deduction claim
Claimant did not prove existence of any loan or deductions
Costs of the suit
Claimant filed submissions late without explanation
Costs
Costs denied to the Claimant for late filing of submissions without explanation (no order as to costs in her favour).
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 Court finds and declares that the Claimant resigned through Pre-Mature Retirement in terms of clause 12.6 of the Human Resources Policies and Procedures Manual and is entitled to and is awarded:
The attempt cannot pass legal muster or alter the terms of contract or promise by the Respondent to pay certain benefits to the Claimant.
The Director was not called to testify and the failure to call him was not explained.
The Respondent, as the custodian of employment records did not produce the Claimant’s leave records as demanded by section 10(3) of the Employment Act, 2007.
The awards to attract interest at court rates from the date of filing suit until payment in full.
The Claimant did not file submissions within agreed timelines without explanation and is denied costs.
Issues in the judgment
#Internal inconsistency in dates of one salary claim: paragraph 26 refers to 'August – December 2022 salary' while paragraph 31 refers to the same head as 'August 2022 to December 2022' and paragraph 28 dates the larger claim 'July 2022 to August 2023' though the claim letter lists 'Salary arrears 50% from Aug 2020 – December 2020'
The pension claim listed in the Issues in Dispute is not expressly resolved in the orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njogo v Kenya Institute of Management (Cause E236 of 2024) [2025] KEELRC 688 (KLR)", Case Analysis (2025). Cause filed 27 March 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/688/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.