Bungei & 13 others v County Government of Uasin County & 2 others (Employment and Labour Relations Cause E082 of 2024) [2026] KEELRC 1324 (KLR) (14 May 2026) (Judgment)

Bungei & 13 others v County Government of Uasin County & 2 others (Employment and Labour Relations Cause E082 of 2024) [2026] KEELRC 1324 (KLR) (14 May 2026) (Judgment) Neutral citation: [2026] KEELRC 1324 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Eldoret Employment and Labour Relations Cause E082 of 2024 MA Onyango, J May 14, 2026 Between Dominic Cheruiyot Bungei 1st Claimant Sharon Jepkogei Rono 2nd Claimant Kipchumba Bethwel Ruto 3rd Claimant Benjamin Koech Koriko 4th Claimant Albatine Jemutai 5th Claimant Gaudencia Lagat 6th Claimant Janeth Jepkemboi 7th Claimant Eunice Cheruto 8th Claimant Hellen Jelagat 9th Claimant Javan Kiplagat 10th Claimant Simon Kipkoech Maru 11th Claimant Salina Jeptum Mutor 12th Claimant Juda Kiprono 13th Claimant Ken Kiptoo Kemboi 14th Claimant and County Government of Uasin County 1st Respondent Chief Officer, Health And Clinical Services Uasin Gishu 2nd Respondent Chair, Public Service Board Uasin Gishu County 3rd Respondent Judgment 1.Judgment in this suit was delivered on 4th December, 2025 as follows:Having found that the Claimants were not casual employees and that the termination of their employment was unfair, the Court now turns to the prayers sought by the Claimants in their statement of claim.i.A declaration that the Claimants having worked beyond the statutory maximum period for temporary employment are deemed to have been permanent employees in terms of section 37 of the Employment ActAs already stated above the Claimants were all employed on temporary terms of service as clearly stated in their letters. Section 37 of the Employment Act which provides for conversion of casual employment to monthly contract does not apply to them as they were on temporary monthly contracts. The Claimants are thus not entitled to this prayer.ii.A declaration that failure to confirm the Claimants as permanent employees within the meaning of the law was a violation of the Claimants' right to fair labour practices as enshrined in Article 41 of the Constitution.The Court has already found that the Claimants were not casual employees and section 37 of the Act does not apply to them. The court however finds that the Claimants were treated unfairly by being retained on temporary terms of employment without clear terms of service. I therefore declare that the Claimants right to fair labour practice was violated by the Respondents.iii.A declaration that the termination of the Claimants' service was unlawful and/or unfair.The Court finds that the termination of the Claimants’ employment on 1st July 2023 through a circular addressed to their supervisors, was unfair. Further, although each of the Claimants were employed vide a letter of posting, they were not issued with letters of termination. The termination of their employment was therefore both procedurally and substantively unjustified under Sections 41, 43, and 45 of the Employment Act. Accordingly, the Court declares the termination unlawful and unfair.iv.An Order that the Respondent issues the Claimants with Certificate of Service forthwith.The Claimants having worked for more than four consecutive weeks, they are entitled to certificates of service in terms of Section 51 of the Employment Act. The Respondents are ordered to issue certificates of service to all Claimants within thirty (30) days of this judgment.v.An order for payment of salary in lieu of noticeThe Respondents shall pay each Claimant one month’s salary in lieu of notice. The court has noted that some of the Claimants were underpaid. The pay in lieu of notice should therefore be based on the gross statutory minimum wage of each of the Claimants.vi.An order for compensation for unfair/unlawful termination for each of the Claimants.The Respondents shall pay each Claimant three (3) months’ gross salary as compensation for unfair termination in accordance with Section 49 of the Employment Act.Gaudencia Lagat will however be paid compensation of 10 months salary in view of the fact that she started working for the Respondents in October, 2027 and was kept on temporary terms of employment up to June, 2023.The rate of pay for Gaudencia Lagat was below statutory minimum which at the time of termination in 2023 was 14,025.40 +15% house allowance making a total of Kshs. 16,129.20. The same salary should apply to Benjamin Koech Koriko and Salina Jeptum Mutor. Hellen Jelagat who was a cateress should be paid in the same category as a general clerk based on the grading in the Regulation of Wages (General) Order 2022 which was applicable at the time relevant to this suit at Kshs.21,405.50 plus 15% house allowance making a total of Kshs. 25,183. The same rate is applicable to Dominic Cheruiyot Bungei, Eunice Cheruto and Javan Kiplagat. The nurses, Medical Laboratory technicians, social workers, clinical officer, will be paid at the rate of 280.75 plus 15% house allowance making a total of Kshs. 32,37,123, being the rate for Artisan Grade 1 based on their training and qualifications. They include Sharon Jepkosgei, Kipchumba bethwel Ruto, Albertine Jemutai, Janeth Jepkemboi, and Juda Kiprono. The ambulance drivers will be paid at the rate for driver cars and light vans which was Kshs. 18936.85 plus 15% house allowance giving a gross of Kshs. 22,279. They are Simon Kipkoech Maru and Ken Kiptoo Kemboi. Cheruto was paid kshs. 26,430 as a general clerk yet the other general clerks were paid Kshs. 14,300 and 14,425 respectively for Dominic Cheruiyot Bungei and Javan Kiplagat, proof of discriminative remuneration. She was not underpaid and the rate she was earning should be used for tabulation of her notice pay and compensation.The forgoing is pursuant to the provisions of sections 3(6) and 26 of the Employment Act as read with section 48(1) of the Labour Institutions Act which provide:vii.An order for payment of unpaid house allowances to each of the Claimants as particularised in paragraph 9 of the Claim.The Respondents shall pay each Claimant house allowance at 15% of their monthly salary for the entire period of their employment, based on the appropriate minimum rate of pay as per General Order.viii.General damages for violation of the Claimants' rights as employees.It is settled law that where statutory remedies under the Employment Act such as salary in lieu of notice, compensation for unfair termination, payment of allowances and issuance of certificates of service adequately redress the wrongs suffered by an employee, separate general damages are not ordinarily awarded, unless there are exceptional circumstances warranting additional compensation. This prayer is therefore declined. 53.The Claimants shall have the costs of the suit. 54.Interest shall accrue at court rates from date of judgement at court rates. 55.In view of the fact that the actual amount payable to each of the Claimants has yet to be tabulated, the suit will be fixed for mention to confirm the amounts payable. Both the Claimants and Respondents to tabulate the amount payable according to this Judgment and file in court within 30 days. 56.Orders accordingly. 2.The Claimants filed their tabulation but the Respondent did not even after being given several opportunities to do so. 3.The Respondent having not opposed the tabulation of the Claimants and the court having confirmed the same to be in line with the judgment, the court awards as follows:Dominic Cheruiyot Bungei 1st Claimant Ksh. 25,183.00Sharon Jepkogei Rono 2nd Claimant Ksh. 32,371.23Kipchumba Bethwel Ruto 3rd Claimant Ksh. 32,371.23Benjamin Koech Koriko 4th Claimant Ksh. 16,129.20Albatine Jemutai 5th Claimant Ksh. 32,371.23Gaudencia Lagat 6th Claimant Ksh. 16,129.20Janeth Jepkemboi··· 7th Claimant Ksh. 32,371.23Eunice Cheruto 8th Claimant Ksh. 26,430.00Hellen Jelagat 9th Claimant Ksh. 25,183.00Javan Kiplagat 10th Claimant Ksh. 25,183.00Simon Kipkoech Maru 11th Claimant Ksh. 22,279.20Salina Jeptum Mutor 12th Claimant Ksh. 16,129.20Juda Kiprono 13th Claimant Ksh. 32,371.23Ken Kiptoo Kemboi 14th Claimant Ksh. 22,279.00Total Ksh. 356,780.75 B.On compensation for unlawful termination the Honourable Court opined as follows:Dominic Cheruiyot Bungei 1st Claimant Ksh.25,183.00 x 3 75,549.00Sharon Jepkogei Rono 2nd Claimant Ksh.32,371.23 x 3 =97,113.69Kipchumba Bethwel Ruto 3rd Claimant Ksh.32,371.23 x 3 = 97,113.690Benjamin Koech Koriko 4th Claimant Ksh.16,129.20 x = 48,387.6Albatine Jemutai 5th Claimant Ksh.32,371.23 x 3 = 97,113.69Gaudencia Lagat 6th Claimant Ksh.16,129.20 x 10 = 161,292Janeth Jepkemboi 7th Claimant Ksh. 32,371.23 x 3 =97,113.69Eunice Cheruto 8th Claimant Ksh.32,371.23 x 3 = 97,113.69Hellen Jelagat 9th Claimant Ksh.25,183.00 x 3 = 75,549.00Javan Kiplagat 10th Claimant Ksh.25,183.00 x 3 =75,549.00Simon Kipkoech Maru 11th Claimant Ksh.22,279.20 x 3 = 66,837.00Salina Jeptum Mutor 12th Claimant Ksh.16,129.20 x 3 = 48,387.6Juda Kiprono 13th Claimant Ksh. 32,371.23 x 3 = 97,113.69Ken Kiptoo Kemboi 14th Claimant Ksh. 22,279.00 x 3 = 66,837.00TOTAL KSH.1,209068.31c.Court order for payment of unpaid house allowance NAME DATE EMPLOYMENT MONTHS WORKED AS OF TERMINATION SALARY 15% OF SALARY TOTAL UNPAID HOUSE ALLOWANCE (KSHS) Dominic Cheruiyot Bungei 1st August 2022 11 25,183 3,777.35 41,551.95 Sharon Jepkogei Rono 29th July, 2022 11 32,371.23 4,855.68 53,412.52 Kipchumba Bethwel Ruto 29th July 2022 11 32,371.23 4,855.68 53,412.52 Benjamin Koech Koriko 29th July 2022 11 16,129.20 2,419.38 26,613.18 Albatine Jemutai 28th July 2022 11 32,371.23 4,855.68 53,412.52 Gaudencia Lagat 1st October 2017 69 16,129 2,419.35 166.935.15 Janeth Jepkemboi 29th July 2022 11 32,371.23 4,855.68 53,412.52 Eunice Cheruto 29th July 2022 11 32,371.23 4,855.68 53,412.52 Hellen Jelagat 29th July 2022 11 25,183.00 3,777.45 41,551.95 Javan Kiplagat 29th March 2022 11 25,183 3,777.45 41,551.95 Simon Kipkoech Maru 20th June 2022 11 22,279 3,341.85 43,444.05 Salina Jeptum Mutor 29th July 2022 11 16,129 2,419.85 26,612,85 Juda Kiprono 29th July 2022 11 32,371.23 4,855.68 53,412.52 Ken Kiptoo Kemboi 20th July 2022 11 22,279 3,341.85 36,760.35 54.Orders accordingly. DATED, DELIVERED AND SIGNED THIS 14TH DAY OF MAY, 2026.M. ONYANGOJUDGE