A Kenyan tailor, Gilbert Obare Apondi, has been awarded Sh1.46 million after a court ruled that his termination from a private education institution was unfair. The dispute arose following his abrupt dismissal on May 31, 2023, after over four decades of continuous service.
Mr. Obare had served the institution since October 1979, working on what he described as minimum wage. Despite decades of commitment, he was offered only a Sh50,000 one-off payment, which the institution labeled as a goodwill gesture. Dissatisfied, he filed a case in the Employment and Labour Relations Court, claiming unfair dismissal and seeking various compensations, including notice pay, underpaid wages, and severance for 43 years of service.
The institution argued that Obare was an independent contractor, working intermittently on piecework during peak periods such as school admissions. They maintained that the Sh50,000 paid in 2023 was voluntary and not evidence of an employment relationship.
The court examined decades of evidence, including payment records, leave applications, newsletters recognizing his service, and correspondence from the county labour office. Senior Principal Magistrate Peter Ndege ruled that despite the lack of a formal long-term contract, the tailor’s continuous service effectively established an employer-employee relationship.
While the institution argued that he was above the retirement age of 60, the court clarified that private institutions are not bound by public service retirement rules. With the termination deemed abrupt and lacking proper procedures, the court awarded Mr. Obare 12 months’ salary, one month’s notice pay, and reimbursement for underpaid wages, totaling Sh1,509,767. After deducting the earlier Sh50,000 payment, the net award stood at Sh1,459,767.
This landmark ruling underscores the importance of recognizing employee rights, even for long-serving staff on informal agreements, and highlights the legal protections available against unfair dismissal in Kenya.
