Court Sets Records Straight On Whether Private Schools Can Be Sued in Employment Dispute

A landmark decision by the Employment and Labour Relations Court in Nyeri has sent ripples through Kenya’s private education sector, decisively settling a contentious question: can private schools avoid lawsuits by claiming they are not legal entities?

The answer is now a firm no.

The case, brought by Samuel Kariuki Ndirangu against St. Mary’s Boys Secondary School and Child Rescue Centre, revolved around allegations of unfair termination.

Ndirangu, who worked as a security officer from November 2020 to February 2024, recounted a startling experience—arriving at work only to find a replacement already stationed.

With no prior notice, he was allegedly told his services were no longer required and instructed to leave.

To complicate matters, he later received a redundancy letter, raising serious questions about the legality and transparency of his dismissal.

In its defense, the school attempted a bold legal maneuver.

It argued that it was not a recognized legal entity and therefore could not be sued.

According to its claims, it lacked the capacity to enter into binding employment contracts or be held accountable in court.

But the court wasn’t convinced.

Presiding over the case, Stella Rutto dismantled the school’s argument with sharp reasoning.

She questioned how the institution could present itself as an employer—issuing contracts, hiring staff, and managing operations—yet deny its legal standing when faced with a lawsuit.

Even more striking was the court’s observation that the school failed to clearly define its own legal structure.

Was it a company, partnership, or sole proprietorship? The ambiguity worked against it.

In decisive ruling, Justice Rutto held that any institution that presents itself as an employer and enters into employment agreements cannot later escape liability by denying its legal personality.

The verdict sets a powerful precedent: private schools—and similar institutions—cannot sidestep accountability.

For employees across Kenya, it’s a major victory in the fight for workplace justice.