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ELRCDismissedNot stated in the provided judgment

Kiruhi v Nusunusu Production Limited (Cause E964 of 2022) [2025] KEELRC 744 (KLR)

Employment and Labour Relations Court
7 March 2025
689 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled a written email resignation stands, and an alleged verbal retraction can't be proved to undo it.

What this practically means

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Executive summary

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The claimant, employed as a production manager by contract dated 30.07.2018 at a monthly salary of Kshs. 350,000.00 plus allowances, sued the respondent alleging unfair, unprocedural and unlawful termination. She claimed that from March 2020 the respondent defaulted on salaries, prompting her resignation notice by email in July 2020, which she alleged she verbally retracted after a promise to resolve issues. She alleged she was treated with indignity contrary to Article 28, subjected to unfair administrative action contrary to Article 47 and the Fair Administrative Action Act, and that the respondent terminated her employment by aborting a disciplinary process and purporting to accept her resignation effective 03.08.2020. She sought declarations, 12 months' compensation, salary arrears, notice pay, refund of computer hire charges, a certificate of service, costs, and other relief. The respondent did not enter appearance or file a defence. The court found service of summons was not properly effected, as it was made through email addresses not provided or authorised by the respondent. On the merits, the court held that the employment ended by the claimant's resignation email of 27.07.2020; the alleged oral rescission was inadmissible under the parol evidence rule; and the claimant could not have resigned and remained in employment, nor did she prove she worked during the period. The court took judicial notice of peak COVID-19 conditions and found the claimant had concealed that material fact. Post-resignation transactions were misconceived, the claim for computer hire was unauthorised and unexplained, and the unexplained two-year delay without demand rendered the suit a mere afterthought. The suit was dismissed with no costs.

Questions the Court framed

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

  1. 1.Whether the service of summons and the statement of claim on the respondent was properly effected
  2. 2.Whether the claimant's employment ended by her resignation email of 27.07.2020 or by unfair/unlawful dismissal through purported acceptance of the resignation
  3. 3.Whether the alleged oral rescission of the resignation notice is admissible and effective
  4. 4.Whether the claimant proved the claims for unpaid salary, compensation for unfair termination, and refund for hiring a computer
  5. 5.Whether the delay in filing suit without demand amounts to an afterthought

Key legal issues

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01

Validity of service of summons and statement of claim

Holding

Service through email addresses not provided by or authorised by the respondent was not proper service

Reasoning

The court examined the affidavit of service dated 25.01.2023 and inferred from it that service was effected through email addresses not provided by the respondent or an authorised officer. Proper service being a prerequisite to a contested undefended claim, the court found service not properly effected, though it proceeded to determine the suit on its merits.

p. 2
02

Whether termination was unfair or the employment ended by resignation

Holding

Employment ended by the claimant's resignation email of 27.07.2020; the oral rescission was inadmissible

Reasoning

The claimant issued a resignation notice by email dated 20/27.07.2020 citing non-payment of salary. She alleged a verbal retraction upon a promise to resolve issues, but the court held the alleged oral rescission inadmissible under the parol evidence rule. A person cannot resign and remain in employment, and the claimant did not prove she worked after resigning. The court also took judicial notice that COVID-19 was at its peak, a material fact the claimant concealed.

p. 2
03

Whether the suit was an afterthought due to delay without demand

Holding

The suit was a mere afterthought as no demand was made between 19.11.2020 and filing on 21.12.2022

Reasoning

The claimant did not plead or explain making any demand on the respondent between the alleged aborted disciplinary process of 19.11.2020 and the filing of suit on 21.12.2022. The court treated the unexplained delay and absence of demand as indicating the suit was unjustified and an afterthought, contributing to its dismissal.

p. 2
04

Claim for refund of computer hire charges

Holding

The claim was unjustified as the hire was unauthorised and unexplained

Reasoning

The claimant sought Kshs. 160,000.00 for hiring a computer for 16 days. The court found she did not show the hire was made with the respondent's authority and that the circumstances of the hire were not explained. The claim therefore failed.

p. 2

Legal principles established

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  • An alleged oral rescission of a written resignation notice is inadmissible under the parol evidence rule
  • A claimant who resigns cannot continue to claim as though the employment relationship subsists; post-resignation dealings are misconceived
  • An unexplained, lengthy delay in making any demand before filing suit may render the suit an afterthought

Court orders

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  1. 1.The suit is dismissed
  2. 2.No costs awarded - each side to bear own costs in effect

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (specific provision not cited in the provided judgment)

Relief refused

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Declaration that dismissal was unfair, unprocedural and unlawful

Employment ended by the claimant's own resignation email; alleged oral rescission inadmissible under the parol evidence rule

p. 2

Declarations under Article 28 and Article 47 and compensation for violation of rights

The suit failed as unjustified; the resignation was validly relied upon by the respondent

p. 2

12 months' compensation, salary in lieu of notice, unpaid salary March–November 2020

Claimant did not show she worked during the period; transactions after the resignation were misconceived

p. 2

Refund for hiring a computer Kshs. 160,000.00

Hire not shown to be with the respondent's authority and circumstances unexplained

p. 2

Certificate of service and costs

Suit dismissed with no costs

p. 2

Costs

Suit dismissed with no costs

Quotable passages

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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 employment must have ended by the claimant’s resignation email of 27.07.2020. The alleged oral rescission of the resignation is inadmissible under the parol evidence rule.
p. 2Resignation and parol evidence rule
The Court finds that every transaction after the resignation between the parties was misconceived and under misconception that the employment relationship was subsisting.
p. 2Effect of resignation on subsequent dealings
The suit is found to be a mere afterthought and it must fail as unjustified.
p. 2Delay and demand
In conclusion the suit is hereby dismissed with no costs.
p. 2Final orders

Issues in the judgment

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minor

Resignation notice date stated inconsistently as 20.07.2020, 27.07.2020 and 03.08.2020 effectiveness in the claimant's pleaded case

minor

Show cause letter and disconnection dates both stated as 23.10.2020 and 29.10.2020 in conflicting sequence

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kiruhi v Nusunusu Production Limited (Cause E964 of 2022) [2025] KEELRC 744 (KLR)", Case Analysis (2025). Not stated in the provided judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/744/eng@2025-03-07

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