Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNot stated in judgment

Murage v St Ursula Nguviu Girls Boarding Primary School (Cause E009 of 2024) [2025] KEELRC 2256 (KLR)

Employment and Labour Relations Court
29 July 2025
1,189 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that when an employer puts a promise to pay retirement gratuity in writing, that promise is legally binding and must be honoured.

What this practically means

#

Executive summary

#
The claimant, employed by the respondent school as a cook from 1st November 1993 to 30th April 2021, sued for gratuity of Kshs.399,280 (one month's basic salary per year for 28 years), salary arrears of Kshs.15,135 for April 2021, a certificate of service and costs. The respondent admitted the employment and retirement but denied liability, contending that the appointment letter never incorporated gratuity as a contractual term, that NSSF contributions served as the retirement scheme, and that the retirement letter offering gratuity was erroneous and an honest mistake. The suit proceeded by adoption of witness statements, documentary bundles and written submissions. The court found the facts undisputed: the retirement letter dated 30th April 2021, approved by the school's Executive Board of Management, offered gratuity for 28 years of service, and a contemporaneous letter acknowledged the salary arrears. The court held that although gratuity in Kenya is payable at the employer's discretion unless provided for in the contract, a voluntary written promise by an employer to pay gratuity is enforceable; the respondent proved no vitiating factors such as lack of capacity or involuntary execution of the letter. The respondent also failed to prove payment of the acknowledged salary arrears. The certificate of service was found obvious under section 51 of the Employment Act. Judgment was entered for the claimant in the full amounts claimed, with a certificate of service, costs and interest at court rate from the date of filing suit. The judgment was delivered via Teams video conferencing with the parties' consent, waiving compliance with Rule 28(3) of the ELRC Procedure Rules.

Questions the Court framed

#

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

  1. 1.Whether the claimant is entitled to the reliefs sought, namely payment of gratuity of Kshs.399,280, salary arrears of Kshs.15,135, and a certificate of service

Key legal issues

#
01

Entitlement to gratuity not provided for in the contract of employment

Holding

The claimant was entitled to the gratuity of Kshs.399,280 because the respondent voluntarily offered it in writing and no vitiating factors were proved.

Reasoning

The retirement letter of 30th April 2021 approved gratuity for 28 years of service based on basic salary, on the authority of the school's Board. The letter did not cite the contract as its basis. The respondent alleged error and honest mistake but did not demonstrate that the author lacked capacity or that the letter was not voluntarily written. Absent vitiating factors, the employer is bound to honour its written promise.

p. 3
02

Salary arrears for April 2021

Holding

The claimant was entitled to salary arrears of Kshs.15,135 acknowledged in the respondent's letter of 30th April 2021, payment not having been proved.

Reasoning

The respondent acknowledged salary arrears for April 2021 in a letter of even date with the retirement letter. The burden lay on the respondent to prove payment, which it failed to discharge. The court therefore found the acknowledged sum payable to the claimant.

03

Certificate of service

Holding

The claimant was entitled to a certificate of service under section 51 of the Employment Act.

Reasoning

The certificate of service is a statutory entitlement on termination of employment. The court found the claim obvious under section 51 of the Employment Act and ordered the respondent to issue it as part of the judgment.

p. 4

Legal principles established

#
  • Where an employer voluntarily promises an employee payment of gratuity in writing, the court will enforce that promise notwithstanding that gratuity was not a term of the contract of employment.
  • A contract of employment may be constituted by a mosaic of documents, not limited to an appointment letter.
  • In Kenya, gratuity is payable at the discretion of the employer unless provided for in the contract of employment.

Court orders

#
  1. 1.Judgment entered in favour of the claimant
  2. 2.Respondent to pay the claimant gratuity of Kshs.399,280
  3. 3.Respondent to pay the claimant salary arrears of Kshs.15,135
  4. 4.Respondent to issue the claimant with a certificate of service
  5. 5.Respondent to pay costs of the suit and interest at court rate from the date of filing suit

The bench

#

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

majority

Wrote the judgment

Jurisdiction invoked
Referral of a trade dispute to the Employment and Labour Relations Court after conciliation by the Ministry of Labour

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Whereas an employer is not bound to pay any employee gratuity in appreciation of service rendered, once the employer voluntarily promises an employee payment of gratuity, in writing, the court ought to enforce that promise in favour of the employee.
p. 3Enforceability of a voluntary written promise to pay gratuity
Contract of employment is not limited to an appointment letter, but can be constituted by a mosaic of documents including appointment letters, promotion letter, CBA, Human Resource Manual, Internal Memos, Constitution, Statutes, Regulations and even Government circulars.
p. 3Constituents of a contract of employment
I enter judgment in his favour by ordering the respondent to issue him with certificate of service and pay him the following:
p. 4Final orders - judgment for the claimant
Gratuity …………………………………………..Kshs.399,280
p. 4Final orders - gratuity award
Costs and interest at court rate from the date of filing suit.
p. 4Final orders - costs and interest

Issues in the judgment

#
minor

The judgment states the salary arrears figure inconsistently as Kshs.15,315 and Kshs.15,135 within the same passage.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Murage v St Ursula Nguviu Girls Boarding Primary School (Cause E009 of 2024) [2025] KEELRC 2256 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2256/eng@2025-07-29

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