Emily Migwa v Seventh Day Adventist Church Central Kenya Conference (CKC) & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Onesmus N. Makau
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Emily Migwa v Seventh Day Adventist Church Central Kenya Conference (CKC) [2020] eKLR. Discover key legal insights and implications from this important ruling.

Case Brief: Emily Migwa v Seventh Day Adventist Church Central Kenya Conference (CKC) & another [2020] eKLR

1. Case Information:
- Name of the Case: Emily Migwa v. Seventh Day Adventist Church Central Kenya Conference & Another
- Case Number: Cause No. 716 of 2012
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): Onesmus N. Makau
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
- Whether the Claimant was engaged by the Respondent on a permanent or fixed-term contract basis.
- Whether the Claimant’s employment contract was unfairly and wrongfully terminated.
- Whether the Claimant is entitled to the remedies sought.

3. Facts of the Case:
The Claimant, Emily Migwa, was employed by the Respondents, Seventh Day Adventist Church Central Kenya Conference and Seventh Day Adventist Church East Kenya Union Conference, as an accountant from November 10, 2008, until her termination on February 3, 2012. She claimed her termination was without notice, valid reason, or due process as required under the Employment Act. Migwa alleged underpayment, lack of allowances, and discrimination based on ethnicity. The Respondents contended that she was not a permanent employee but rather a seasonal worker engaged on fixed-term contracts, which lapsed, and that she had been compensated for her service.

4. Procedural History:
The Claimant filed her Amended Statement of Claim on October 14, 2019, seeking various forms of compensation for alleged wrongful termination and unpaid benefits. The Respondents filed their defense on October 10, 2012, asserting that the Claimant was on fixed-term contracts and had been compensated post-employment. After delays, the case was heard in February 2020, where both parties presented evidence and written submissions.

5. Analysis:
- Rules: The court considered the Employment Act, particularly sections concerning contracts of service, termination, and employee rights (Sections 2, 9, 10, 28, and 45).
- Case Law: The court referenced prior rulings, including *Walter Anuro v. Teachers Service Commission* and *Evans Kamadi Misango v. Barclays Bank of Kenya Limited*, which established the necessity of fairness in termination. The court also cited *Paul Ochieng’ Agola v. Gateway Marine Services Limited*, which addressed the conversion of casual employment to fixed-term contracts.
- Application: The court found that the Claimant was employed under fixed-term contracts rather than as a permanent employee. It ruled that her contract lapsed on January 31, 2012, and was not unfairly terminated. The Claimant's failure to provide sufficient evidence to substantiate her claims of continuous employment and discrimination weakened her case.

6. Conclusion:
The court concluded that the Claimant's employment was not terminated unfairly; it lapsed automatically due to the expiration of the contract. However, the Claimant was entitled to certain allowances as per the Respondents' ECD Working Policy and the Employment Act. The court awarded her a total of Kshs. 1,825,155, subject to statutory deductions.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The court ruled in favor of the Claimant in part, awarding her compensation for unpaid allowances and leave days but ultimately finding that her employment had lapsed rather than been wrongfully terminated. This case highlights the importance of clear employment contracts and the implications of contract types in employment law, particularly regarding the rights of seasonal and fixed-term employees in Kenya.

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