Introduction
1. The Claimant was employed by the Respondent as a Disk Jokey (DJ) vide an oral contract entered on 1 st August 2023. His salary was Kshs. 120,000 per month and he was based in the Respondents club in Westlands Nairobi.
2. The Claimant worked until 15 th November 2022 but the Respondent failed to pay his salary as agreed, i.e. on every 15 th day and 30 th day of the month. Instead, he was paid in six instalments totaling to Kshs. 250,000.
3. By a memorandum of claim dated 9 th May 2024, the Claimant sued the Respondent seeking the following reliefs:-
a) A declaration that the Respondent's termination of the Claimants employment was unlawful and unfair.
b) Judgment is entered for the Claimant against the Respondent for the payment of Kshs. 1,920,000/= as computed in paragraph 16 above.
c) An order for the Respondent to pay the Claimant his salary arrears totaling to Kshs.230,000/=
d) General damages; and
e) An order for the Respondent to pay the Claimant’s costs for this claim plus interest thereon and any other appropriate relief as the Court may deem fit to grant.
4. The Respondent was served with pleadings and summons but failed to enter appearance. Consequently the suit proceeded by formal proof on 2 nd February 2026.
5. During the hearing the Claimant testified as CW1 and adopted his written statement dated 9 th May 2024 as his evidence in chief. He further produced 4 documents as exhibits. In brief, his case was that he worked from 1 st August 2023 to 15 th November 2023 when his employment was terminated by the Respondent without any prior notice or opportunity to be heard. He termed the termination as unlawful and unfair and prayed for compensation.
6. He further averred that during the said period of service he was paid a total of Kshs. 250,000 instead of Kshs. 480,000 owed to him as salary earned. Therefore he prayed for the outstanding balance of Kshs. 230,000.
7. After the hearing the Claimant filed written submissions dated 5 th February 2026. I have carefully considered the pleadings, evidence and the submissions filed and there is no doubt that the Claimant was employed by the Respondent under a contract of service. The issues for determination are:-
a) Whether the Respondent unfairly and unlawfully terminated the Claimants contract of employment.
b) Whether the Claimant is entitled to the reliefs sought.
Unfair termination
8. Section 45(2) of the Employment Act provides that:-
“(1). No employer shall terminate the employment of an employee unfairly.
(2) A termination of employment by an employer is unfair if the employer fails to prove-
a) That the reason for the termination is valid;
b) That the reason for the termination is a fair reason-
(i) Related to the employees conduct, capacity or compatibility; or
(ii) Based on the operational requirements of the employer; and
c) That the employment was terminated in accordance with fair procedure.”
9. The above law places a heavy burden of proof on the employer to justify the reason for terminating his employees contract and further proving that a fair procedure was followed. A valid reason is one which relates to the employee’s conduct, capacity or compatibility or the employers operational requirements.
10. In this case the Respondent did not file any defence to controverly the allegation by the Claimant that the termination was unfair and unlawful. The Claimant has adduced evidence to show that he was not to blame for the termination and that no prior notice or hearing was accorded to him before the termination. In the circumstances I find that the Respondent was responsible for the termination and it did not follow a fair procedure as set out under Section 41 of the Employment Act.
Reliefs
11. In view of the foregoing conclusion, I find that the Claimant is entitled to declaration that his employment was unfairly and unlawfully terminated by the Respondent.
12. For the same reason, I find that he is entitled to compensation for the unfair termination under Section 49(1) of the Act. Considering his short service of less than four months, that he did not cause the termination through misconduct and that he had expected to continue working and earning salary, I award him one month salary as compensation for unfair termination plus one month salary in lieu of notice.
13. The claim for Kshs. 230,000 salary arrears has not been rebutted by evidence. However, the Claimant produced screen shots whereby he calculated his outstanding salary as August to October (Kshs. 120,000 x 3) = Kshs. 360,000 less paid Kshs. 200,000. The net for the said three months was Kshs. 160,000 plus Kshs 60,000 for 15 days worked in November 2023 equaling to Kshs. 220,000. Consequently, I award him Kshs. 220,000 as salary arrears.
14. The Claim for severance pay fails since the termination was not on account of redundancy. Likewise the claim for General damages for mental stress fails because the unfairness in the termination has been compensated above.
Conclusion
15. I have found that the Respondent unfairly and unlawfully terminated Claimant’s contract of employment. I have further found that the Claimant deserves a remedy. Consequently, I enter judgment for him against the Respondent as follows:-
a) Declaration that the Respondent unfairly terminated Claimant’s employment.
b) Notice Kshs. 120,000
c) Compensation Kshs. 120,000
d) Salary arrears Kshs. 220,000
Total Kshs. 460,000
e) The award is subject to statutory deductions.
f) The Claimant is awarded costs plus interest at court rate from the date of this Judgment.
DATED, SIGNED AND DELIVERED VIRTUALLY IN OPEN COURT AT NAIROBI THIS 30 TH DAY OF JULY, 2026.
Appearance:
Otieno for Claimant
No appearance for Respondent
JUDGMENT IN ELRC CAUSE NO. E418 OF 2024 . 8
1. The Claimant was employed by the Respondent as a Disk Jokey (DJ) vide an oral contract entered on 1 st August 2023. His salary was Kshs. 120,000 per month and he was based in the Respondents club in Westlands Nairobi.
2. The Claimant worked until 15 th November 2022 but the Respondent failed to pay his salary as agreed, i.e. on every 15 th day and 30 th day of the month. Instead, he was paid in six instalments totaling to Kshs. 250,000.
3. By a memorandum of claim dated 9 th May 2024, the Claimant sued the Respondent seeking the following reliefs:-
a) A declaration that the Respondent's termination of the Claimants employment was unlawful and unfair.
b) Judgment is entered for the Claimant against the Respondent for the payment of Kshs. 1,920,000/= as computed in paragraph 16 above.
c) An order for the Respondent to pay the Claimant his salary arrears totaling to Kshs.230,000/=
d) General damages; and
e) An order for the Respondent to pay the Claimant’s costs for this claim plus interest thereon and any other appropriate relief as the Court may deem fit to grant.
4. The Respondent was served with pleadings and summons but failed to enter appearance. Consequently the suit proceeded by formal proof on 2 nd February 2026.
5. During the hearing the Claimant testified as CW1 and adopted his written statement dated 9 th May 2024 as his evidence in chief. He further produced 4 documents as exhibits. In brief, his case was that he worked from 1 st August 2023 to 15 th November 2023 when his employment was terminated by the Respondent without any prior notice or opportunity to be heard. He termed the termination as unlawful and unfair and prayed for compensation.
6. He further averred that during the said period of service he was paid a total of Kshs. 250,000 instead of Kshs. 480,000 owed to him as salary earned. Therefore he prayed for the outstanding balance of Kshs. 230,000.
7. After the hearing the Claimant filed written submissions dated 5 th February 2026. I have carefully considered the pleadings, evidence and the submissions filed and there is no doubt that the Claimant was employed by the Respondent under a contract of service. The issues for determination are:-
a) Whether the Respondent unfairly and unlawfully terminated the Claimants contract of employment.
b) Whether the Claimant is entitled to the reliefs sought.
Unfair termination
8. Section 45(2) of the Employment Act provides that:-
“(1). No employer shall terminate the employment of an employee unfairly.
(2) A termination of employment by an employer is unfair if the employer fails to prove-
a) That the reason for the termination is valid;
b) That the reason for the termination is a fair reason-
(i) Related to the employees conduct, capacity or compatibility; or
(ii) Based on the operational requirements of the employer; and
c) That the employment was terminated in accordance with fair procedure.”
9. The above law places a heavy burden of proof on the employer to justify the reason for terminating his employees contract and further proving that a fair procedure was followed. A valid reason is one which relates to the employee’s conduct, capacity or compatibility or the employers operational requirements.
10. In this case the Respondent did not file any defence to controverly the allegation by the Claimant that the termination was unfair and unlawful. The Claimant has adduced evidence to show that he was not to blame for the termination and that no prior notice or hearing was accorded to him before the termination. In the circumstances I find that the Respondent was responsible for the termination and it did not follow a fair procedure as set out under Section 41 of the Employment Act.
Reliefs
11. In view of the foregoing conclusion, I find that the Claimant is entitled to declaration that his employment was unfairly and unlawfully terminated by the Respondent.
12. For the same reason, I find that he is entitled to compensation for the unfair termination under Section 49(1) of the Act. Considering his short service of less than four months, that he did not cause the termination through misconduct and that he had expected to continue working and earning salary, I award him one month salary as compensation for unfair termination plus one month salary in lieu of notice.
13. The claim for Kshs. 230,000 salary arrears has not been rebutted by evidence. However, the Claimant produced screen shots whereby he calculated his outstanding salary as August to October (Kshs. 120,000 x 3) = Kshs. 360,000 less paid Kshs. 200,000. The net for the said three months was Kshs. 160,000 plus Kshs 60,000 for 15 days worked in November 2023 equaling to Kshs. 220,000. Consequently, I award him Kshs. 220,000 as salary arrears.
14. The Claim for severance pay fails since the termination was not on account of redundancy. Likewise the claim for General damages for mental stress fails because the unfairness in the termination has been compensated above.
Conclusion
15. I have found that the Respondent unfairly and unlawfully terminated Claimant’s contract of employment. I have further found that the Claimant deserves a remedy. Consequently, I enter judgment for him against the Respondent as follows:-
a) Declaration that the Respondent unfairly terminated Claimant’s employment.
b) Notice Kshs. 120,000
c) Compensation Kshs. 120,000
d) Salary arrears Kshs. 220,000
Total Kshs. 460,000
e) The award is subject to statutory deductions.
f) The Claimant is awarded costs plus interest at court rate from the date of this Judgment.
DATED, SIGNED AND DELIVERED VIRTUALLY IN OPEN COURT AT NAIROBI THIS 30 TH DAY OF JULY, 2026.
Appearance:
Otieno for Claimant
No appearance for Respondent
JUDGMENT IN ELRC CAUSE NO. E418 OF 2024 . 8