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ELRCPartially AllowedNot stated in the judgment as provided

Ronoh v Taita Taveta University & another (Cause 3 of 2019) [2025] KEELRC 1087 (KLR)

Employment and Labour Relations Court
3 April 2025
7,273 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~29 min to read original · ~4 min brief

The bottom line

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A Kenyan court upheld a university employee's summary dismissal for absenteeism, awarding only unpaid leave pay because discrimination claims lacked proof.

What this practically means

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Executive summary

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The claimant, an advocate of ten years' standing and a registered person living with disability, was employed by Taita Taveta University as senior legal officer grade 12 on 3 June 2015 at the maximum grade salary of Ksh. 104,067 with house and commuter allowances. He sued claiming unpaid allowances, salary increments, non-payment of a headship allowance, discrimination on grounds of disability (including a gate incident on 13 April 2016 and denial of support staff), and wrongful, unfair termination through summary dismissal on 20 March 2019 after disciplinary proceedings for absenteeism and neglect of duty (failure to deliver the University Council Charter and a legal compliance audit). He sought reinstatement, damages exceeding Ksh. 40 million, notice pay, pension remittances and leave pay. The respondents maintained that his contract entitled him only to grade 12 allowances, that he was never head of the legal department, that discrimination claims were amicably settled through the CAJ, and that the dismissal was procedurally fair and substantively justified. The court framed four issues: discrimination, fairness of termination, remedies and costs. It found no proof of discriminatory treatment, holding that the party alleging discrimination must demonstrate differential treatment on identified grounds, and that anti-discrimination protections should not be applied to make a case where none exists. It held the summary dismissal justified, the absences and wilful neglect of duty amounting to gross misconduct under Section 44(4) of the Employment Act, and due process under Section 41 having been followed. Only leave pay of Ksh. 114,473.70 was awarded, less Ksh. 76,315.80 for 22 days absent without leave; each party was ordered to bear its own costs. Judgment delivered at Malindi on 3 April 2025 by M. Mbarũ, Judge.

Questions the Court framed

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

  1. 1.Whether there was discriminatory treatment of the claimant by the respondents
  2. 2.Whether there was wrongful, unlawful and unfair termination of employment
  3. 3.Whether the remedies sought should be issued
  4. 4.Who should pay the costs?

Key legal issues

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01

Whether the claimant was subjected to discriminatory treatment

Holding

The claim of discriminatory treatment failed; the claimant did not prove different treatment of similarly placed employees or discrimination on account of disability

Reasoning

The claimant was employed under a written contract at maximum grade 12 salary with only house and commuter allowances; he did not identify similarly placed employees earning more. His disability discrimination claims (gate incident, lack of support staff) were mere denials without evidence; he admitted having six support officers in the VC's office whom he never sought assistance from. Protections under Article 27 and Section 5 should not be applied generally to make a case where none exists.

p. 10
02

Whether the summary dismissal was wrongful, unlawful and unfair

Holding

The dismissal was justified and valid; the reasons were fair and the procedure complied with Section 41 of the Employment Act

Reasoning

The claimant absented himself from work on numerous dates without authority and wilfully failed to complete assigned tasks (Council Charter and legal compliance audit) despite repeated reminders, both constituting gross misconduct under Section 44(4). He was issued a show-cause notice, supplied with particulars, allowed a representative at the disciplinary hearing, and given an appeal which was heard and dismissed.

p. 13
03

Whether the remedies sought should issue

Holding

Only leave pay of Ksh. 114,473.70 was awarded, less Ksh. 76,315.80 for 22 days absent without leave; all other remedies were refused

Reasoning

Compensation and notice pay are unavailable where summary dismissal is justified. The employer filed no annual leave records, so leave pay was computed on basic salary for 18 months under Section 28 of the Employment Act. Under section 19(1)(c), one day's wages for each day absent without leave is deductible.

p. 13

Legal principles established

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  • Workplace discrimination is prohibited under the Constitution and the Employment Act, and the party alleging discrimination must demonstrate the different treatment and on what grounds
  • Absence from work without permission or authority and wilful neglect of duty constitute gross misconduct under Section 44(4) of the Employment Act justifying summary dismissal
  • An employer may deduct a day's wages for each working day an employee absents himself without leave under section 19(1)(c) of the Employment Act

Court orders

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  1. 1.Award of leave pay of Ksh. 114,473.70 to the claimant, based on basic salary of Ksh. 104,067 for 18 months
  2. 2.Deduction of Ksh. 76,315.80 from the final dues for the 22 days the claimant was absent from work without leave
  3. 3.Each party to bear its own 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 jurisdiction under Article 162(2) of the Constitution (court not expressly stated to invoke a provision; matter is an employment claim under the Employment Act)

Relief refused

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Declaration that employment was terminated unlawfully, wrongfully and unfairly; reinstatement; damages for wrongful termination of Ksh. 2,451,372; pecuniary damages for discrimination of Ksh. 24,000,000; general damages of Ksh. 15,000,000; notice pay of 3 months; outstanding pension remittances; and Ksh. 70,000 per month for 44 months in allowances

The summary dismissal was justified and followed due process; the claim of discrimination lacked merit and evidence; compensation and notice pay are unavailable where summary dismissal is justified

p. 13

Claim for pension remittances from March to May 2016

Pension regulations are separate matters in employment; the claimant should address the relevant agency at the shop floor

p. 13

Costs

Each party to bear its own 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 analysis above, the claim is without merit save for the award of leave pay at ksh. 114,473.70 To be paid less Ksh. 76,315.80 for the days absent from work. In this regard, each party is to bear its costs.
p. 13Disposition and costs
The compensation and notice pay claims are unavailable in cases where summary dismissal is justified.
p. 13Remedies following justified summary dismissal
The party claiming to be discriminated against must demonstrate the difierent treatment and on what grounds.
p. 11Burden of proof in discrimination claims
The protections under Article 27 of the constitution and Section 5 of the Employment Act are meant to redress serious violations where there is a breach.
p. 11Scope of anti-discrimination protections
The reasons leading to the termination of employment by summary dismissal were justified and valid.
p. 13Validity of summary dismissal

Issues in the judgment

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minor

The judgment inconsistently dates the disciplinary hearing notice and hearing (notice dated 26 February 2019, hearing 7 March 2019 in the response; the claimant's pleadings refer to a hearing on 26 February 2019)

minor

The summary dismissal notice lists internally inconsistent dates of absence (e.g. 29 October 2019 and 30 October 2019 in a 2019 notice covering 2018 absences)

minor

The respondents' written submissions were filed late, after the agreed filing date, and the claimant filed none

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, "Ronoh v Taita Taveta University & another (Cause 3 of 2019) [2025] KEELRC 1087 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1087/eng@2025-04-03

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