Dominic Cheruiyot Bungei AND Sharon Jepkogei Rono AND 5 Others VS County Government Of Uasin Gishu

FINAL JUDGMENT TABULATION
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 Act
As 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 notice
The 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.
57.    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. 25,183.00
Sharon Jepkogei Rono    2nd     Claimant    Ksh. 32,371.23
Kipchumba Bethwel Ruto    3rd     Claimant    Ksh. 32,371.23
Benjamin Koech Koriko    4th     Claimant    Ksh. 16,129.20
Albatine Jemutai        5th     Claimant    Ksh. 32,371.23
Gaudencia Lagat        6th     Claimant    Ksh. 16,129.20
Janeth Jepkemboi···        7th     Claimant    Ksh.  32,371.23
Eunice Cheruto        8th     Claimant    Ksh. 26,430.00
Hellen Jelagat        9th     Claimant    Ksh. 25,183.00
Javan Kiplagat        10th   Claimant    Ksh. 25,183.00
Simon Kipkoech Maru    11th   Claimant    Ksh. 22,279.20
Salina Jeptum Mutor    12th   Claimant    Ksh. 16,129.20
Juda Kiprono        13th   Claimant    Ksh. 32,371.23
Ken Kiptoo Kemboi        14th  Claimant    Ksh. 22,279.00
                        Total     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 75,549.00
Sharon Jepkogei Rono            2nd Claimant    Ksh.32,371.23 x 3 =97,113.69
Kipchumba Bethwel Ruto        3rd Claimant    Ksh.32,371.23 x 3 = 97,113.690
Benjamin Koech Koriko            4th Claimant    Ksh.16,129.20 x = 48,387.6
Albatine Jemutai                        5th Claimant    Ksh.32,371.23 x 3 = 97,113.69
Gaudencia Lagat                        6th Claimant    Ksh.16,129.20 x 10 = 161,292
Janeth Jepkemboi                    7th Claimant    Ksh. 32,371.23 x 3 =97,113.69
Eunice Cheruto                        8th Claimant    Ksh.32,371.23 x 3 = 97,113.69
Hellen Jelagat                        9th Claimant    Ksh.25,183.00 x 3 = 75,549.00
Javan Kiplagat                        10th Claimant Ksh.25,183.00 x 3 =75,549.00
Simon Kipkoech Maru        11th Claimant Ksh.22,279.20 x 3 = 66,837.00
Salina Jeptum Mutor        12th Claimant Ksh.16,129.20 x 3 = 48,387.6
Juda Kiprono                        13th Claimant Ksh. 32,371.23 x 3 = 97,113.69
Ken Kiptoo Kemboi                14th  Claimant Ksh. 22,279.00 x 3 = 66,837.00
                        TOTAL                             KSH.1,209,068.31

c. 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


58.    Orders accordingly.
DATED, DELIVERED AND SIGNED
THIS 14TH DAY OF MAY, 2026.