Introduction
In the case of Ndiangui v Kenyatta University (Cause 424 of 2017) [2024] KEELRC 450 (KLR), decided on February 21, 2024, the Employment and Labour Relations Court at Nairobi addressed a significant issue regarding the survivability of employment-related claims after the death of a claimant. The judgment, delivered by Justice D.K. Njagi Marete, granted an application to substitute the deceased claimant, Robert Mambo Ndiangui, with his widow, Rahab Mambo, as the legal representative of his estate, allowing the claim to proceed.
Background
The claimant, Robert Mambo Ndiangui, had initiated a suit against Kenyatta University, alleging unfair and unlawful termination of employment. Following his death on September 5, 2021, his widow, Rahab Mambo, obtained letters of administration ad litem and sought to substitute herself as the claimant to pursue the case on behalf of the deceased’s estate. The application also requested leave to amend the statement of claim to reflect the substitution. The respondent, Kenyatta University, opposed the application, arguing that the employment claim was personal to the deceased and, under the legal maxim actio personalis moritur cum persona (a personal action dies with the person), could not survive his death.
Court’s Analysis
The court considered conflicting arguments rooted in statutory provisions and judicial precedents. The applicant relied on Section 2(1) of the Law Reform Act, which provides that causes of action generally survive for the benefit of a deceased person’s estate, except for specific exclusions such as defamation or seduction, which do not apply to employment matters. The applicant cited cases like Oyole v Farmline East Africa Limited [2022] and Kevina Akinyi Wpukhulu v Kenya Power and Lighting Company Limited [2021], which held that employment claims, particularly those involving terminal dues or damages, survive the claimant’s death and can be pursued by their legal representative.
The respondent, however, argued that the employment relationship constituted a contract of personal service, enforceable only between the claimant and the employer. They relied on James Mwangi Kamau v Barclays Bank of Kenya Limited [2022], which applied the actio personalis maxim, asserting that claims involving personal performance, such as those tied to unfair dismissal, do not survive the claimant’s death unless a final determination has been made.
Ruling and Reasoning
Justice Marete rejected the respondent’s reliance on the actio personalis maxim, deeming it outdated in the context of modern legal principles and fundamental rights. The court emphasized the provisions of the Law Succession Act, which facilitate the continuation of litigation through letters of administration ad litem and pendente lite. The judge held that employment claims, particularly those involving terminal dues or declarations of rights, are not strictly personal and can be pursued by the estate. The application was allowed, with each party bearing their own costs.
Implications
This ruling reinforces the survivability of employment claims under Kenyan law, aligning with the protections afforded by the Law Reform Act and the Employment Act. It underscores the judiciary’s commitment to ensuring access to justice for estates of deceased litigants, particularly in employment disputes. Employers should be aware that claims for unfair termination or terminal dues may persist beyond an employee’s death, necessitating robust defense strategies.
Conclusion
The Ndiangui decision marks a progressive step in Kenyan employment law, affirming that employment-related claims are not extinguished by the claimant’s death. Legal practitioners and employers must consider this precedent when handling similar cases, ensuring compliance with statutory provisions allowing estates to pursue justice.
