[2020] KEELRC 363 (KLR)
The court found that the claimants had proved their claims on a balance of probabilities, as the respondents failed to defend the suit or challenge the evidence presented. The court accepted the claimants' evidence regarding entitlement to terminal dues (gratuity), arrear salary for the 6th claimant, and...
Source-derived case information.
- Citation
- [2020] KEELRC 363 (KLR)
- Parties
- Applicant: Eng. Adda Kodero Vincent; Applicant: Dr. Ominde Elizabeth Mary; Applicant: George Ongaya Okoth; Applicant: Barak Otieno; Applicant: Jennipher Atieno Kere; Applicant: Rose Auma Kisia Omondi; Applicant: Johnson Owuor; Applicant: Rhoda Atieno Ahono Obadha; Applicant: Michael Oduor Onyango; Respondent: The County Government of Kisumu; Respondent: The Kisumu County Secretary
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 373 of 2018
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- judgment for the claimants
- Judges
- MN Nduma
- Legal Topics
- Terminal Dues, Gratuity Payment, Certificate of Service, Arrears of Salary
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eng. Adda Kodero Vincent
Applicant
Dr. Ominde Elizabeth Mary
Applicant
George Ongaya Okoth
Applicant
Barak Otieno
Applicant
Jennipher Atieno Kere
Applicant
Rose Auma Kisia Omondi
Applicant
Johnson Owuor
Applicant
Rhoda Atieno Ahono Obadha
Applicant
Michael Oduor Onyango
Applicant
The County Government of Kisumu
Respondent
The Kisumu County Secretary
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimants are entitled to payment of liquidated terminal dues (gratuity) as claimed.
- 2 Whether the claimants are entitled to certificates of service.
- 3 Whether the 6th claimant is entitled to four months arrear salary.
Ratio Decidendi
The court found that the claimants had proved their claims on a balance of probabilities, as the respondents failed to defend the suit or challenge the evidence presented. The court accepted the claimants' evidence regarding entitlement to terminal dues (gratuity), arrear salary for the 6th claimant, and certificates of service. The court further held that the claimants were entitled to costs and interest as prayed. The judgment was delivered online in accordance with constitutional and statutory provisions allowing for the use of technology and the avoidance of undue technicalities, especially in light of the COVID-19 pandemic restrictions.
Court Disposition
judgment for the claimants
Orders
- The 1st respondent shall pay the claimants the specified amounts as terminal dues (gratuity).
- The 1st respondent shall pay four months arrear salary to the 6th claimant, Rose Auma Kisia Omondi.
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CASE NO. 373 OF 2018
(Before Hon. Justice Mathews N. Nduma)
ENG. ADDA KODERO VINCENT .............................................................1ST CLAIMANT
DR. OMINDE ELIZABETH MARY............................................................2ND CLAIMANT
GEORGE ONGAYA OKOTH......................................................................3RD CLAIMANT
BARAK OTIENO.........................................................................................4TH CLAIMANT
JENNIPHER ATIENO KERE......................................................................5TH CLAIMANT
ROSE AUMA KISIA OMONDI..................................................................6TH CLAIMANT
JOHNSON OWUOR.....................................................................................7TH CLAIMANT
RHODA ATIENO AHONO OBADHA.......................................................8TH CLAIMANT
MICHAEL ODUOR ONYANGO...............................................................9TH CLAIMANT
VERSUS
THE COUNTY GOVERNMENT OF KISUMU.................................1ST RESPONDENT
THE KISUMU COUNTY SECRETARY............................................2ND RESPONDENT
JUDGMENT
1. The nine(9) claimants filed suit on 14th November 2018 claiming payment of liquidated terminal dues, termed gratuity set out under prayer (b) and (c) in the statement of claim and provision of certificate of service as set out under paragraph (d) thereof with costs and interest.
2. The suit was not defended despite service of summons to enter appearance and statement of claim.
3. CW1 Dr. Rose Kisia Omondi; the 6th respondent testified on behalf of the claimants in formal proof of the claims.
4. The claimants filed written submissions on 4th February 2020 in support of their respective claims.
5. The court finds that the claimants have proved their claims on a balance of probabilities and enters judgment in favour of the claimants as set out under prayers (b), (c), (d) and (e) in the statement of claim as against the 1st respondent as follows:
(a) (i) Eng. Adda Kodero Vincent Kshs. 1,009,050. 00.
(ii) Dr. Ominde Elizabeth Mary Khss. 2,904,243. 75.
(iii) George Ongaya Okoth Kshs. 3,079,462. 00.
(iv) Barack Otieno Kshs. 2,146,931. 25.
(v) Jennipher Atieno Kere Kshs. 2,904,243. 75.
(vi) Rose Auma Kisia Omondi Kshs. 2,904,243. 75.
(vii) Johnson Owuor Kshs. 1, 297,143. 75.
(viii) Rhoda Atieno Ahono Obadha Kshs. 1,009,050. 00.
(ix) Michael Oduor Onyango Kshs. 1,683,675. 00
(b) Four months arrear salary to the 6th claimant, Rose Auma Kisia Omondi Kshs. 1,400,000.
(c) Certificate of service to be granted to the claimants within 30 days of judgment.
(d) Costs of the suit
(e) Interest at court rates from date of filing suit till payment in full.
Judgment Dated, Signed and delivered at Nairobi this 15th day of October, 2020
Mathews N. Nduma
Judge
ORDER
In view of the declaration of measures restricting court of operations due the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this judgment has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
Mathews N. Nduma
Judge
Appearances
Mr. Odeny for claimants
Chrispo- Court clerk