[2018] KEELRC 597 (KLR)
The court found that while there is evidence of salary arrears owed to the Claimants, the precise amounts due to each individual Claimant were not clearly broken down in the evidence presented. The Inspection Report indicated a substantial sum owed to current and former staff, but for a proper determination and to...
Source-derived case information.
- Citation
- [2018] KEELRC 597 (KLR)
- Parties
- Applicant: Anthony Mbaabu Mugwika & 7 Others; Respondent: Ruiri Farmers Co-operative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Cause 50 of 2018
- Procedural Posture
- Employment Cause / Ruling on Quantum Clarification
- Outcome
- Further particulars ordered; quantum not yet determined.
- Judges
- AN Makau
- Legal Topics
- Salary Arrears, Unlawful Withholding of Wages, Quantification of Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Mbaabu Mugwika & 7 Others
Applicant
Ruiri Farmers Co-operative Society Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Quantum Clarification
Legal Issues
- 1 Whether the Claimants are entitled to salary arrears from 2001 to 2017.
- 2 Whether the Respondent unlawfully withheld salary arrears and allowances from the Claimants.
- 3 Whether a breakdown of the sums due to each Claimant is necessary for proper determination.
Ratio Decidendi
The court found that while there is evidence of salary arrears owed to the Claimants, the precise amounts due to each individual Claimant were not clearly broken down in the evidence presented. The Inspection Report indicated a substantial sum owed to current and former staff, but for a proper determination and to ensure fairness, the court ordered that the Auditors provide a detailed breakdown of the sums due to each of the eight Claimants. This step is necessary to accurately quantify the claims and facilitate the final resolution of the matter.
Court Disposition
Further particulars ordered; quantum not yet determined.
Orders
- The Auditors are to provide a breakdown of the sums due to each of the 8 Claimants within 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT MERU
CAUSE NO. 50 OF 2018
(Formerly Nyeri ELRC 154 of 2018)
ANTHONY MBAABU MUGWIKA &7 OTHERS....................CLAIMANTS
VERSUS
RUIRI FARMERS CO-OPERATIVE SOCIETY LIMITED...RESPONDENT
RULING
1. This claim proceeded as an undefended cause. The Claimants, namely, Anthony Mbaabu Mugwika the secretary manager, Ann KendiNdegwa the cashier, Silas Kimathi the society driver, Daniel KaumeM’Ataya a factory manager, John Nteere M’Ndegwa a factory manager, Beatrice Gakii Kaibunga a cherry recorder, Justus Mutea M’Ikunyua a turn man and Daniel Karithi Ncebere a night watchman assert that the claim is for unpaid salary arrears. They claim salary arrears from 2001 till 2017 amounting to Kshs. 11,528,664. 50; general damages for the unlawful, wrongful and illegal denial of salary arrears and allowances; any other relief the court may grant as well as costs of the suit plus interest. In testimony adduced by the Claimants herein, there is proof that there is a sum owed to former and current staff. The Inspection Report of 16thJanuary 2016 by the Co-operative Auditors Mr. Zachary Njeru and Mr. Nicholas Kariuki paints a picture of the financial situation at the Respondent and from it, I discern that the Respondent is reeling under massive debt. According to the auditors, there are debts owed to the current and former employees of the Respondent including a judgment sum from the Nyeri Labour Relations Court in another case concluded in 2017. A total of Kshs. 28,072,286/- was stated to be owed as at December 2016 in salary arrears to the present and former staff.
There is also a surcharge of Kshs. 1,129,892/- owed to theCommissioner of Co-operatives by the staff.
2. In my view, in order to make a proper determination of the matters germane to this suit, there is need for the Auditors to give a breakdown of the sums tabulated as being due to the current staff in the sum of Kshs. 10,571,510/-. The Auditors are to avail the breakdown for each of the 8 Claimants herein within 30 days of today’s date.
It is so ordered.
Dated and delivered at Meru this 7th day of November 2018
Nzioki wa Makau
JUDGE