[2011] KEHC 2794 (KLR)
The court found that the plaintiff's claim for interest on the delayed gratuity payment was unchallenged, as the Attorney General did not file a response. Given the plaintiff's documented hardship and the five-year delay in releasing the funds, the court exercised its discretion to award interest at the rate claimed...
Source-derived case information.
- Citation
- [2011] KEHC 2794 (KLR)
- Parties
- Plaintiff: Ambetsa K. Osena Lukose; Defendant: The Hon. Attorney General; Defendant: Assistant Administrator General, Western Province
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 11 of 2008
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Public Trustee Liability, Interest on Withheld Funds, Gratuity Payment Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ambetsa K. Osena Lukose
Plaintiff
The Hon. Attorney General
Defendant
Assistant Administrator General, Western Province
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to interest on gratuity funds withheld by the Public Trustee for over 12 months.
- 2 Whether the Attorney General is liable to pay the claimed interest to the plaintiff.
Ratio Decidendi
The court found that the plaintiff's claim for interest on the delayed gratuity payment was unchallenged, as the Attorney General did not file a response. Given the plaintiff's documented hardship and the five-year delay in releasing the funds, the court exercised its discretion to award interest at the rate claimed by the plaintiff (5% of the principal sum for 12 months). The court considered this fair in the circumstances, despite the lack of a statutory basis for the specific rate, and ordered the Attorney General to pay the calculated sum. No order as to costs was made due to the suit being undefended.
Court Disposition
judgment for the plaintiff
Orders
- The Attorney General is ordered to pay the plaintiff the sum of Kshs.173,440, being interest on the withheld gratuity.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL CASE NO. 11 OF 2008
AMBETSA K. OSENA LUKOSE..........................................................................................PLAINTIFF
VERSUS
THE HON. A.G &
THE ASSISTANT ADMINISTRATORGENERAL, WESTERN PROVINCE..............DEFENDANTS
JUDGMENT
1. I must begin by stating that this case caused me a little difficulty. I say so because the Plaintiff, a layman was acting in person and the Plaint dated 10. 3.2008 was a rumbling document with annextures or appendices and although it may well fit the requirements of Order 3 Rule 2 of the Civil Procedure Rules, 2010, it was infact filed under the old and repealed Rules which had no such procedure.
2. Further, it is unfortunate that the Plaintiff is able to speak and write but completely unable to hear and so communication in court was strained.
3. In any event, what I can gather from the Plaint aforesaid is that the deceased’s daughter, Getrude Rebecca Mwanika Osena (deceased) died on 15. 4.2001. She was a registered nurse and an employee of the Ministry of Health and the Plaintiff was recorded in her official records, as the next of kin. Upon her death, the gratuity payable to the next of kin was duly processed but that it took five (5) years for the Public Trustee to release Kshs.108,400/= to him and after holding the money for over (12) months. The specific prayers that he now seeks are the following;
“i) The interest accrued on the money while it was held in the second Respondent’s bank account for over (12) months as demanded 5% of the Principal sum – i.e Kshs.108,400/=.(sic)”
4. The Plaintiff’s claim is not denied because the Attorney-General filed no response to the suit and so to be fair to the Plaintiff, his assertions have not been contested and whereas the basis for the 5% interest is not given, I see it as fair when he has given a chronology of the suffering he has undergone in trying to get what was due to him upon the death of his daughter.
5. In the event, I will order the Attorney-General to pay the Plaintiff the sum of Kshs.173,440/= being 108,400 x 5/100x 12 =173,440.
6. As the suit is undefended, I will make no order as to costs.
7. Orders accordingly.
Delivered, dated and signed at Kakamega this 14th day of April, 2011.
ISAAC LENAOLA
J U D G E