The Employment and Labour Relations Court in Kericho has ruled in favour of a school cateress who was sent on indefinite suspension after taking time off to care for her sick child.
The case was filed by the Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (Kudheiha) on behalf of Daisy Chesimet against the Board of Management of Kyogong Girls' Secondary School.
Chesimet, who had worked at the school since 2009, was asked via text message on December 7, 2022, to proceed on indefinite leave, just days after she had taken time off. The school cited financial challenges.
Despite writing several letters in early 2023 seeking clarification, her leave was later changed to a suspension without clear reasons. Efforts by the Ministry of Labour to resolve the dispute failed after the school declined to cooperate.
The school argued the union had no right to represent Chesimet, but the court dismissed this claim, saying it had been raised too late.
The court focused on whether the school followed due process. Under the law, an employee must be given a clear explanation of the allegations and a chance to defend themselves before dismissal.
Justice Anna Ngibuini Mwaure found that although the school may have had concerns over Chesimet’s alleged absenteeism, it failed to follow the proper disciplinary procedure.
There was no evidence she was invited to a formal hearing or given a fair chance to respond.
The court ruled the process was unfair and awarded Chesimet half salary for the 24 months she was suspended, one month’s salary in lieu of notice, and two months’ salary as compensation.
The total award amounts to Sh223,764, with interest at 14 per cent from the date of judgment. Each party will bear its own legal costs.
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