Kuria v Safaricom Public Limited Company (Cause 977 of 2018) [2025] KEELRC 2281 (KLR)
The bottom line
#The Employment Court dismissed a Safaricom employee's constructive dismissal claim, holding that resigning over an unfavourable grievance outcome does not amount to unlawful dismissal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Claimant has proved a case of constructive dismissal against the Respondent
- 2.Whether the Claimant is entitled to the remedies sought
Key legal issues
#Whether the Claimant proved constructive dismissal
The Claimant failed to prove constructive dismissal; her resignation stemmed from an unfavourable grievance outcome and she did not exhaust the grievance escalation process.
Applying the Coca Cola East & Central Africa Ltd v Maria Kagai Ligaga principles, the court held that the employer's conduct did not create an intolerable work environment. The Claimant resigned because a grievance resolution process did not go her way, and she failed to escalate her grievances in accordance with the Grievance Handling Policy and Procedure. Resigning to get out of a difficult situation does not meet the threshold for constructive dismissal.
Whether the Claimant was entitled to notice pay and compensation
The remedies of notice pay and compensation were disallowed as the claim of constructive dismissal failed.
Since the foundational claim of constructive dismissal was not established, the derivative remedies of notice pay and maximum compensation had no basis. The entire claim was dismissed with no order as to costs, each party bearing their own.
Legal principles established
#- Not every involuntary resignation amounts to constructive dismissal; there must be a direct causal link with intolerable employer conduct.
Court orders
#- 1.The Claimant's entire claim fails and is dismissed
- 2.Each party to bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes
Relief refused
#Declaration that the Claimant was unlawfully dismissed
No case of constructive dismissal established
One month's salary in lieu of notice
Claim dismissed; resignation was not constructive dismissal
Maximum compensation under the law
Claim dismissed; resignation was not constructive dismissal
Costs
Each party will bear their own costs
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.
For the foregoing reasons, I find and hold that the Claimant has not established a case of constructive dismissal.
the Respondent's actions cannot be said to have created an intolerable work environment. At any rate, there is evidence that the Claimant did not exhaust the grievance escalation process available to her.
Ultimately, the Claimant's entire claim fails and is dismissed with an order that each party will bear their own costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kuria v Safaricom Public Limited Company (Cause 977 of 2018) [2025] KEELRC 2281 (KLR)", Case Analysis (2025). Memorandum of Claim dated 25th May 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2281/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.