[2013] KEELRC 304 (KLR)
The court found that the claimant's contract did not provide for retroactive termination and that such action by the respondent was untenable. The court relied on the principle established in Imenje v. Kenya National Co Ltd [1986] KLR 350, holding that retroactive dismissal without contractual basis is unlawful....
Source-derived case information.
- Citation
- [2013] KEELRC 304 (KLR)
- Parties
- Claimant: Naaman Iniu; Respondent: Trustees of the Agricultural Society of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2124 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim partly allowed. Claimant awarded salary for the period of unlawful retroactive dismissal, costs, and interest.
- Judges
- AN Makau
- Legal Topics
- Unlawful Termination, Retroactive Dismissal, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naaman Iniu
Claimant
Trustees of the Agricultural Society of Kenya
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's termination was lawful and in accordance with the terms of his employment contract.
- 2 Whether the respondent could lawfully apply retroactive dismissal to the claimant.
- 3 Whether the claimant is entitled to salary for the period between 1st March 2007 and October 2007.
Ratio Decidendi
The court found that the claimant's contract did not provide for retroactive termination and that such action by the respondent was untenable. The court relied on the principle established in Imenje v. Kenya National Co Ltd [1986] KLR 350, holding that retroactive dismissal without contractual basis is unlawful. Consequently, the claimant was entitled to salary for the period between 1st March 2007 and October 2007, amounting to Kshs. 759,992 less statutory deductions. The court also awarded costs and interest from the date of filing until payment in full.
Court Disposition
Claim partly allowed. Claimant awarded salary for the period of unlawful retroactive dismissal, costs, and interest.
Orders
- Respondent to pay the claimant Kshs. 759,992 less statutory deductions.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
Cause 2124 of 2011 [if gte mso 9]><![endif]
NAAMAN INIU …………………….……………………………………..………CLAIMANT
Versus
TRUSTEES OF THE AGRICULTURAL SOCIETY OF KENYA …….....……RESPONDENT
JUDGMENT
1. The Claimant has been paid all his dues. The only Claim the Court has seen that lies is the one relating to his termination. The Court finds that on the basis of the principle in the reported case of Imenje v. Kenya National Co Ltd [1986] KLR 350 there is no basis for the retroactive dismissal. The months between 1st March 2007 and October 2007 are months during which the Claimant was entitled to pay. The terms of his contract did not offer him any provision for termination by way of retroactive application. If this was allowed he could as well have stated that he was backdating, say, a resignation to a date in 2007 during his suspension or before. That is untenable. His pay per month before taxes was Kshs. 94,999/- per his payslip exhibited. He is entitled to the sums below:-
1. Kshs. 759,992/- less the statutory deductions
2. Costs
3. Interest on the sum in 1) above from date of filing till payment in full.
2. The full judgment will be delivered on 8th May 2013 at 2. 30 pm.
It is so ordered.
Dated and delivered at Nairobi this29th day ofApril2013
Hon. Mr. Justice Nzioki wa Makau
Judge
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