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ELRCPartially AllowedEmployment and Labour Relations Court Cause (memorandum of claim filed 10th September 2024)

Kenya Union of Domestic, Hotels Educational Institutions & Hospitals Workers (KUDHEIHA) v Board of Management, Majango Secondary School (Cause E070 of 2024) [2025] KEELRC 1789 (KLR)

Employment and Labour Relations Court
18 June 2025
703 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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What this practically means

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Executive summary

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The Claimant Union, on behalf of its member Mr. Omondi Vincent Odhiambo (the Grievant), filed a memorandum of claim on 10th September 2024 seeking payment of employment benefits withheld by the Respondent, the Board of Management of Majango Secondary School. The Grievant, head of security earning a basic salary of Kshs. 14,150/-, was suspended on 3rd February 2020 for alleged failure to prevent a felony and was later convicted in the criminal courts. The Union claimed half salary for the 19 months of suspension (Kshs. 134,425/-), house allowance for 36 months (Kshs. 76,410/-), and other benefits including service gratuity, unpaid annual leave and underpayment of wages. After unsuccessful attempts at amicable resolution, the dispute was referred to the County Labour Office Kisumu, conciliated, and a certificate of unresolved dispute issued. The Respondent appeared only once, through the Secretary to the BOM, indicating a wish to engage State Counsel Kisumu, and thereafter did not participate. The Court held the Grievant was entitled to half salary during suspension and awarded Kshs. 134,425/-. It rejected the house allowance claim, holding the Grievant was not a civil servant and the applicable circular did not apply to him, and that his salary was sufficient to cover housing. The remaining claims were held to have fallen away at conciliation. Judgment was entered for the unpaid half salary, costs of Kshs. 20,000/-, and interest on the principal at court rates from the date of judgment until payment in full. Delivered at Kisii on 18th June 2025 by Nzioki Wa Makau, Judge.

Questions the Court framed

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

  1. 1.Whether the Respondent was liable to pay the Grievant half salary for the 19 months of suspension
  2. 2.Whether the Grievant was entitled to unpaid house allowance for 36 months
  3. 3.Whether the other claims (service gratuity, unpaid annual leave, underpayment of wages) survived the conciliation process and the Conciliator's certificate

Key legal issues

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01

Entitlement to half salary during a 19-month suspension

Holding

The Respondent was liable to pay the Grievant the half salary due during suspension, computed at Kshs. 134,425/-

Reasoning

The Grievant was suspended on 3rd February 2020 for alleged failure to prevent a felony. During suspension he was contractually entitled to receive half salary but did not receive it. The Court found the withholding unlawful and fixed the amount due at the figure the Claimant had computed, entering judgment for that sum with interest.

p. 2
02

Claim for house allowance for 36 months

Holding

Rejected; the Grievant was not a civil servant and his salary was sufficient to cover house allowance

Reasoning

The Court held the circular on civil servants' grades and payments signed by Prof. Margaret Kobia did not apply to the Grievant, who was employed by the BOM and was not a civil servant. The salary paid was generous for a supervisor in the security sector in Kisumu and sufficient to cover house allowance, and there was no evidence the allowance had ever been claimed.

p. 2
03

Effect of conciliation on the remaining claims

Holding

Claims not upheld by the Conciliator before issuance of the certificate of unresolved dispute are not revived by the Court

Reasoning

The dispute was referred to the County Labour Office Kisumu and conciliated. The Conciliator issued a certificate after hearing the parties, and the claims other than half salary were not carried forward. The Court agreed with the Conciliator's implicit view that those claims lacked merit and declined to grant them.

p. 2

Legal principles established

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  • An employee on suspension who is contractually entitled to half salary must be paid that half salary by the employer, which is liable for any withholding
  • Civil service circulars on grades and payment do not apply to employees of a school Board of Management who are not civil servants

Court orders

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  1. 1.Judgment entered for the Grievant for unpaid ½ salary for 19 months – Kshs. 134,425/-
  2. 2.Costs of the suit – Kshs. 20,000/-
  3. 3.Interest on the sum of Kshs. 134,425/- at court rates from the date of judgment till payment in full

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 a dispute referred after conciliation before the County Labour Office Kisumu (certificate of unresolved dispute)

Relief refused

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Unpaid house allowance for 36 months (Kshs. 76,410/-)

The Grievant was not a civil servant, the applicable civil service circular did not apply to him, and the salary paid was sufficient to cover house allowance; no evidence the allowance had ever been claimed

p. 2

Service gratuity, unpaid annual leave for 36 months, and underpayment of wages for 36 months

These claims fell away at the conciliation stage; the Conciliator did not see merit in them and neither did the Court

p. 2

Costs

Costs of the suit awarded to the Claimant/Grievant, self-assessed at Kshs. 20,000/-

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.

During the time of his suspension, he was entitled to receive ½ salary. He did not receive the sum and as such the Respondent is liable to pay the half salary that was due – Kshs. 134,425/-.
p. 2Employer's liability for half salary during suspension
The Grievant was not a civil servant and the circular relating to the grades and payment of civil servants signed by Prof. Margaret Kobia the Cabinet Secretary, Ministry of Public Service, Youth and Gender did not apply to him.
p. 2Inapplicability of civil service circulars to non-civil servant BOM employees
The other claims fell by the wayside after the Conciliator heard the parties before she issued the certificate. It is my considered view she did not see merit in them and neither does this Court.
p. 2Claims abandoned at conciliation
a. Unpaid ½ salary for 19 months – Kshs. 134,425/- b. Costs of the suit – Kshs. 20,000/- c. Interest on the sum in (a) above at court rates from the date of judgment till payment in full.
p. 2Final orders

Issues in the judgment

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minor

The judgment is unclear as to which party claimed the benefits: it states 'The Respondent claimed service gratuity, unpaid half salary...' where the Claimant on behalf of the Grievant was evidently the claiming party

minor

Case number not stated in the judgment text; only the filing date of the memorandum of claim is given

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, "Kenya Union of Domestic, Hotels Educational Institutions & Hospitals Workers (KUDHEIHA) v Board of Management, Majango Secondary School (Cause E070 of 2024) [2025] KEELRC 1789 (KLR)", Case Analysis (2025). Employment and Labour Relations Court Cause (memorandum of claim filed 10th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1789/eng@2025-06-18

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