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ELRCPartially AllowedNot stated in judgment

Wafula v Principal, Masimba High School & another (Cause E066 of 2023) [2025] KEELRC 895 (KLR)

Employment and Labour Relations Court
19 March 2025
3,341 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan school couldn't legally stop an employee's salary entirely without suspending him or following any disciplinary process, and now owes him over Kshs. 769,000.

What this practically means

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Executive summary

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The Claimant, a bursar at Masimba High School from circa 2015, sued after his salary was stopped and his services effectively terminated without any disciplinary process. He sought a declaration that the stoppage of salary was unlawful, payment of outstanding salaries, damages for violation of fair labour practices and an injunction against further withholding. The Respondents alleged the Claimant forged his employment letter, awarded himself an inflated salary, absconded duty in April 2023 and was involved in the disappearance of Kshs. 14 million, justifying stoppage pending investigations. They later attempted to amend their response twice in 2024 to introduce a counterclaim for the allegedly inflated salary without leave of the Court. The Claimant testified he was never served with a show cause or suspension letter and was never charged despite DCI investigations; the Respondents' own witness conceded the Claimant's services were never terminated or suspended. The Court framed two issues: whether the stoppage of salary was unlawful, and whether the Claimant was entitled to relief. It found the complete stoppage unlawful, holding that even a suspended employee would be entitled to half salary. It pegged salary at Kshs. 41,000/- per Ministry of Education directives, awarded 16 months' unpaid salary (Kshs. 646,000/-), one month's notice pay (Kshs. 41,000/-) and two months' compensation (Kshs. 82,000/-), with interest. The counterclaim was dismissed for want of leave. Costs were limited to the sums awarded.

Questions the Court framed

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

  1. 1.Whether the stoppage of the Claimant's salary was unlawful
  2. 2.Whether the Claimant is entitled to reliefs sought

Key legal issues

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01

Whether the stoppage of the Claimant's salary was unlawful

Holding

The stoppage of salary was unlawful

Reasoning

The salary was stopped after the Claimant recorded a statement with the DCI, but he was never charged with any offence, never suspended, and never subjected to any disciplinary procedure. Neither a show cause letter nor a suspension letter was proved to have been served. Even if suspension had been warranted, only half salary could have been withheld. The Respondents had resiled from the contract.

p. 6
02

Whether the Claimant was entitled to the reliefs sought

Holding

Partially - unpaid salaries, one month's notice pay and two months' compensation awarded, but salary pegged at Kshs. 41,000/- per the Ministry of Education directive

Reasoning

The Court adopted the Ministry of Education directive capping a bursar's salary at Kshs. 41,000/- as the competent award sum, rejecting the claimed Kshs. 114,000/-/140,000/-. Having found the termination of services effected through the Respondents' conduct, it awarded notice pay and modest compensation given the Claimant could still seek employment.

p. 5
03

Whether the amended response and counterclaim filed without leave should stand

Holding

The counterclaim was dismissed

Reasoning

Pleadings had closed by early 2024 after the 2023 suit was filed. The Respondents amended their response twice in mid-2024 without seeking or obtaining leave of the Court, contrary to the procedural rules, so the purported counterclaim had no legal foundation.

p. 5

Legal principles established

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  • A complete stoppage of an employee's salary without suspension or disciplinary process is unlawful; at most, a suspended employee would be entitled to half salary during suspension
  • A party cannot file an amended defence and counterclaim without leave of the court after pleadings have closed

Court orders

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  1. 1.Unpaid salaries from February 2023 to May 2024 (16 months) less Kshs. 10,000/- paid = Kshs. 646,000/-
  2. 2.One month's salary as notice – Kshs. 41,000/-
  3. 3.Compensation for dismissal without following procedure equivalent to 2 months' salary – Kshs. 82,000/-
  4. 4.Interest at court rates on the sums awarded from the date of judgment till payment in full
  5. 5.Costs limited solely to the sums awarded
  6. 6.The counterclaim is dismissed with no order as to costs

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 under the Employment and Labour Relations Court Act and Article 162(2) of the Constitution (employment and labour relations dispute)

Relief refused

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Respondents' counterclaim for allegedly inflated salary

Filed without leave of the court after pleadings had closed

p. 5

Claimant's claim for damages for violation of right to fair labour practices beyond compensation awarded

Court awarded compensation of two months' salary instead, taking into account the circumstances

p. 6

Costs

Costs limited solely to the sums awarded in a), b) and c); counterclaim dismissed with no order as to 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 Court therefore finds in favour of the Claimant on the first question, to wit, the stoppage of salary was unlawful. If the Claimant was entitled to be suspended, he would have been entitled to half salary for duration of suspension. A complete stoppage of salary was therefore unlawful in the circumstances.
p. 6Unlawful stoppage of salary
Having regard to the directive by the Ministry of Education on salary for a Bursar, I find that the competent sum to award would be Kshs. 41,000/- as contained in the directives by the Ministry of Education on pay for a Bursar.
p. 5Quantum of bursar's salary
The attempt to file a counterclaim without leave in mid 2024 was misplaced and without any legal foundation. The counterclaim is thus dismissed with no order as to costs.
p. 5Amendment without leave after closure of pleadings
e. Costs limited solely to the sums awarded in a), b) and c) above. It is so ordered.
p. 6Final orders - costs

Issues in the judgment

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minor

Judgment records two different figures for the Claimant's alleged salary - Kshs. 114,000/- per the Respondents' witnesses and the Court's summary, versus approximately Kshs. 140,000/- per the Claimant's cross-examination

minor

The case title, case number and neutral citation do not appear in the text of the judgment provided; only the delivery date and judge are stated

minor

The witnesses' arithmetic on the Ministry of Education bursar salary band appears internally inconsistent - the School's band stated as Kshs. 15,000/- to Kshs. 10,000/- for a CPA 1

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, "Wafula v Principal, Masimba High School & another (Cause E066 of 2023) [2025] KEELRC 895 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/895/eng@2025-03-19

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