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ELRCAllowedNot stated in judgment

Bunyuli v Ayany Primary School (Employment and Labour Relations Cause E1528 of 2016) [2025] KEELRC 2700 (KLR)

Employment and Labour Relations Court
2 October 2025
1,071 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded a dismissed cook over Kshs. 343,000 because his employer fired him without notice, reasons, or a chance to respond.

What this practically means

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Executive summary

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The Claimant, employed as a cook from about April 2010 at a monthly salary of Kshs. 8,000.00 without a written letter of appointment, sued the Respondent after his employment was terminated on 6th February 2016. He was called to an interview for the same position he already held, told he had not qualified, and dismissed without notice, notice to show cause or valid reasons. He sought one month's pay in lieu of notice, untaken annual leave for six years, unpaid house allowance, and underpayments for 2011 to 2015 under the general wage order. The Respondent filed a statement of response but adduced no evidence. A letter attached to its response confirmed the Claimant had worked over five years, corroborating his testimony on length of service. The court found the termination violated sections 36, 41, 43 and 45 of the Employment Act, 2007 and was unlawful and unfair. Applying Cooperative Bank v Yator on procedural fairness, Richard Abiero v Nyali Unit and County Club on leave and house allowance as non-forfeitable statutory rights, and the Supreme Court's Kenfreight decision on the 12-month cap under section 49, the court awarded six months' salary as compensation using the salary at termination as the multiple. Judgment was entered for the Claimant totalling Kshs. 343,184.80, with interest at court rates from the date of judgment until payment in full, and costs of the suit.

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 employment was terminated unlawfully and unfairly without notice, notice to show cause or valid reasons
  2. 2.What reliefs, including notice pay, untaken leave, house allowance, underpayments and compensation, the Claimant is entitled to

Key legal issues

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01

Lawfulness and fairness of the termination

Holding

The termination was unlawful and unfair for want of notice, notice to show cause and valid reasons, violating sections 36, 41, 43 and 45 of the Employment Act, 2007

Reasoning

The Claimant testified he was interviewed for the same position he held and told he had not qualified, and his employment was ended without notice, notice to show cause or reasons. The Respondent filed a statement of response but adduced no evidence to rebut the Claimant's testimony. The Respondent's own attached letter confirmed over five years of service. The court therefore found the termination violated sections 36, 41, 43 and 45 of the Employment Act.

p. 2
02

Quantum of compensation under section 49 of the Employment Act

Holding

Six months' salary as compensation, using the salary at termination (Kshs. 11,831.20) as the multiple

Reasoning

Guided by section 49(4) factors and the Kenfreight decision capping damages at 12 months' salary, the court considered that the Claimant did not contribute to the termination, there was no evidence of improper conduct, and account was taken of opportunities for securing comparable employment elsewhere, leading to an award of six months' salary.

p. 3
03

Entitlement to untaken leave and unpaid house allowance

Holding

The Claimant was entitled to untaken leave for six years and unpaid house allowance at 15% of monthly salary, being statutory rights

Reasoning

Relying on Richard Abiero v Nyali Unit and County Club Limited, the court held that annual leave and house allowance are statutory rights of the employee which cannot be forfeited, and awarded the claimed amounts of Kshs. 33,600.00 and Kshs. 7,200.00 respectively.

p. 2
04

Underpayment claim under the general wage order

Holding

The Claimant was awarded Kshs. 223,457.60 being underpayments for the period 2011 to 2015

Reasoning

Kituo cha Sheria calculated the underpayments and a demand letter was sent to the Respondent, who did not respond. The calculation was produced in court as an exhibit and the Respondent adduced no rebutting evidence, so the court awarded the claimed underpayment amounts for the period 2011 to 2015.

p. 3

Legal principles established

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  • Even where gross misconduct warrants summary dismissal, an employer must ensure procedural fairness by allowing the employee to give his defence, and the burden lies on the employer to prove fair procedure
  • Annual leave and house allowance are statutory rights that cannot be forfeited
  • Damages for unfair termination are capped at a maximum of 12 months' salary and guided by section 49(4) of the Employment Act

Court orders

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  1. 1.Kshs. 8,000.00 in lieu of one-month notice
  2. 2.Kshs. 33,600.00 in lieu of untaken leave
  3. 3.Kshs. 7,200.00 for unpaid house allowance
  4. 4.Kshs. 223,457.60 being underpayments from the period 2011 to 2015
  5. 5.Compensation in the sum of Kshs. 70,927.20 (six months' salary)
  6. 6.Total award of Kshs. 343,184.80 with interest at court rates from date of judgment till payment in full
  7. 7.Costs of the suit to the Claimant

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 under the Employment Act, 2007

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 court finds that the Claimant’s employment was terminated without notice, notice to show cause or any reason given. The termination violated section 36, 41, 43 and 45 of the Employment Act, 2007 and was unlawful and unfair
p. 2unfair termination
In the final analysis judgment is entered in favour of the Claimant against the Respondent as follows:
p. 3disposition
Total amount Kshs. 343,184.80
p. 3final orders
Interest at court rates from date of judgment till payment in full.
p. 3interest
Costs of the suit
p. 3costs

Issues in the judgment

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minor

Internal arithmetic discrepancy in compensation award: monthly salary stated as Kshs. 11,831.20 but computation uses 11,821.20, and 11,821.20 x 6 equals 70,927.20 as awarded

minor

Claimant pleaded unpaid house allowance of Kshs. 7,200.00 for six years at 15% of a Kshs. 8,000.00 monthly salary, which arithmetic appears understated (15% of 8,000 x 72 months = 86,400)

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, "Bunyuli v Ayany Primary School (Employment and Labour Relations Cause E1528 of 2016) [2025] KEELRC 2700 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2700/eng@2025-10-02

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