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ELRCDismissedNot stated in the judgment as provided

Ng’eno v Board of Management Foothills School Kipipiri Miharati (Cause E031 of 2024) [2025] KEELRC 1214 (KLR)

Employment and Labour Relations Court
30 April 2025
3,442 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled a former school principal resigned voluntarily, not unfairly dismissed, so he lost his Kshs. 4.29 million claim.

What this practically means

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Executive summary

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The Claimant, employed from 2014 as Principal of the Respondent's School without a written contract, claimed that the Respondent's Director, Hon. Amos Kimunya, unfairly and unlawfully terminated his contract on 30th January 2024. He sought compensation under Section 49(1)(c) of the Employment Act, notice pay, public holiday pay, overtime pay and rest-day pay, totalling about Kshs. 4.29 million, plus costs and interest. The Respondent conceded the employment but asserted that after meetings on dwindling school performance, the Claimant himself offered to resign effective 31st January 2024, with the parties agreeing on waiver of notice, an extra month's salary and a Kshs. 100,000 token. The Claimant thereafter demanded Kshs. 800,000. Three witnesses testified. The Court found the employer-employee relationship loosely founded on an acquittance between the Claimant and the Director, with exit meetings conducted informally and undocumented. The Claimant's own resignation letter of 31st January 2024, titled 'end of tenure,' showed no coercion, and his e-mails asking for a 'top-up' of Kshs. 800,000 as a favour demonstrated there was no agreed exit package; the figures were of his own creation. The Court held the Claimant voluntarily resigned. On the benefits claimed, it held that Wage Orders protect blue-collar workers and do not apply to management staff, who must negotiate their own terms; no contract supported overtime. Annual leave was deemed taken during school vacations. The Claim was declined with no order as to costs, dated and delivered electronically at Nakuru on 30th April 2025.

Questions the Court framed

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

  1. 1.Whether the Claimant's contract was terminated by the Respondent unfairly or at all
  2. 2.Whether the Claimant resigned
  3. 3.Whether the Claimant is entitled to the prayers sought

Key legal issues

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01

Whether the contract was unfairly terminated or the Claimant resigned

Holding

The Claimant voluntarily resigned; there was no termination by the Respondent.

Reasoning

The Claimant and the Director met informally, agreed on the need for leadership change, and the Claimant tendered a resignation letter dated 31st January 2024. The letter, titled 'end of tenure,' contained no hint of coercion. His subsequent e-mails asking for a 'top-up' of Kshs. 800,000 as a favour showed there was no agreed exit package; the figures were of his own creation. He bargained for the best exit he could but the claimed amounts were not enforceable in law.

p. 7
02

Entitlement to overtime, public holiday and rest day pay

Holding

Not established; Wage Orders do not apply to a School Principal as management staff.

Reasoning

Overtime is payable under the Regulation of Wages (General Amendment) Order and Industrial Wage Orders, which protect low-income blue-collar workers without equal bargaining strength. A School Principal is management/white-collar staff whose terms must be found in his contract, individual or collective. The Claimant produced no contract or law entitling him to overtime, holiday or rest-day pay.

p. 7
03

Whether the Claimant was denied annual leave

Holding

He was deemed to have taken annual leave during school vacations.

Reasoning

Teachers traditionally utilize annual leave during the April, August and December vacations to avoid interrupting the learning schedule, and the same applies to School Principals. The Deputy Principal confirmed this practice. The Claim was therefore not entitled to leave-based claims.

p. 7

Legal principles established

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  • Wage Orders protecting low-income/blue-collar workers do not automatically apply to management or white-collar staff, who must negotiate their own terms including overtime.
  • Teachers, including School Principals, are deemed to utilize annual leave during school vacations.
  • It is not the Court's role to remake a bargain a party failed to make for himself.

Court orders

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  1. 1.The Claim is declined
  2. 2.No order on the 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 over employment disputes under the Employment Act; compensation sought under Section 49(1)(c) of the Employment Act

Relief refused

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Compensation under Section 49(1)(c) of the Employment Act at Kshs. 1,413,000

The Claimant voluntarily resigned; his contract was not terminated by the Respondent.

p. 6

Payment in lieu of notice at Kshs. 117,750

No termination by the Respondent; the parties agreed to waive notice upon the Claimant's resignation.

p. 2

Public holiday pay at Kshs. 259,050

No contractual or statutory basis established; Wage Orders inapplicable to management staff.

p. 7

Normal overtime pay at Kshs. 1,369,523

No contract exhibited warranting overtime; the position of School Principal is management/white-collar outside the Wage Orders.

p. 7

Off-days/rest days at Kshs. 1,130,400

Not established; no applicable wage instrument or contractual clause.

p. 7

Gratuity/exit package of Kshs. 800,000

The claimed exit figure was of the Claimant's own creation, not supported by any agreement or document.

p. 6

Costs

No order on the costs (each party to bear their 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.

In the end, the Court is satisfied that the Claimant voluntarily resigned. He attempted to bargain for himself the best exit package, partly informed by his long service and association with Hon. Kimunya.
p. 7Voluntary resignation
There is nothing in this letter, to suggest that the Claimant's contract was unfairly terminated by the Respondent. It was not terminated at all by the Respondent. The Claimant resigned.
p. 6No unfair termination
The Wage Orders do not aid his cause. He was in management, and ought to have negotiated and concluded for himself suitable terms and conditions of service at the very beginning, including a golden parachute to secure his landing
p. 7Inapplicability of Wage Orders to management staff
If he did not at any turn, make a good bargain, it is not for the Court to endorse what he considers, would have been a good bargain.
p. 7Judicial restraint in remaking employment bargains
It is ordered: a. The Claim is declined. b. No order on the costs.
p. 7Final orders

Issues in the judgment

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minor

Internal date inconsistency: the second meeting is given as 25th January 2024 in the pleadings/evidence but 25th January 2025 in the Court's findings.

minor

Relief total as pleaded is inconsistent (Kshs. 4,289.723 as printed against the individual sums pleaded).

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, "Ng’eno v Board of Management Foothills School Kipipiri Miharati (Cause E031 of 2024) [2025] KEELRC 1214 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1214/eng@2025-04-30

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