[2019] KEELRC 2323 (KLR)
The court found that the Claimants had proved on a balance of probabilities that they were owed salary arrears by the Respondent, as supported by the audit report and the tabulation presented in court. The Respondent, having failed to defend the claim, was found liable for the amounts claimed. The court adopted the...
Source-derived case information.
- Citation
- [2019] KEELRC 2323 (KLR)
- Parties
- Applicant: Anthony Mbaabu Mugwika; Applicant: Ann Kendi Ndegwa; Applicant: Silas Kimathi; Applicant: Daniel Kaume M’Ataya; Applicant: John Nteere M’Ndegwa; Applicant: Beatrice Gakii Kaibunga; Applicant: Justus Mutea M’Ikunyua; Applicant: Daniel Karithi Ncebere; 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 / Judgment
- Outcome
- claim allowed
- Judges
- AN Makau
- Legal Topics
- Salary Arrears, Unlawful Withholding of Wages, Employment Contracts, Employee Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Mbaabu Mugwika
Applicant
Ann Kendi Ndegwa
Applicant
Silas Kimathi
Applicant
Daniel Kaume M’Ataya
Applicant
John Nteere M’Ndegwa
Applicant
Beatrice Gakii Kaibunga
Applicant
Justus Mutea M’Ikunyua
Applicant
Daniel Karithi Ncebere
Applicant
Ruiri Farmers Co-operative Society Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Claimants are entitled to salary arrears for the period 2001 to 2017.
- 2 Whether the Respondent unlawfully withheld the Claimants' salaries and allowances.
- 3 Whether the Claimants are entitled to costs and interest.
Ratio Decidendi
The court found that the Claimants had proved on a balance of probabilities that they were owed salary arrears by the Respondent, as supported by the audit report and the tabulation presented in court. The Respondent, having failed to defend the claim, was found liable for the amounts claimed. The court adopted the tabulation filed on 1st February 2019 as part of its judgment and awarded the Claimants the salary arrears, together with costs of the suit.
Court Disposition
claim allowed
Orders
- The Respondent shall pay the Claimants salary arrears as per the tabulation filed on 1st February 2019.
- The Respondent shall pay the costs of the suit to the Claimants.
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
JUDGMENT
1. The claim proceeded as an undefended cause. The Claimants Anthony Mbaabu Mugwika the secretary manager, Ann Kendi Ndegwa the cashier, Silas Kimathi the society driver, Daniel Kaume M’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 aver that they have served the Respondent with great diligence, devotion, dedication and loyalty and there are no written warnings or any disciplinary actions taken against them. 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 and costs of the suit plus interest. Mr. Anthony Mbaabu Mugwika testified on behalf of the Claimants herein and stated that the sums were owed for the unpaid salary and allowances.
2. The Claimants are employees of the Respondent serving in various positions. They attached the Inspection Report of 16th January 2016 by the Co-operative Auditors Mr. Zachary Njeru and Mr. Nicholas Kariuki which paints a stark picture of the situation at the Respondent. The Respondent is reeling in debt and as per the findings of the auditors have debts owed to the current employees and former employees including a judgment sum from the Nyeri Labour Relations Court. A total of Kshs. 28,072,286/- was owed as at December 2016 as salary arrears to the present and former staff. There is also a surcharge of Kshs. 1,129,892/- owed to the Commissioner of Co-operatives by the staff. The auditors recommended that the society should come up with a good retirement scheme and also utilize the idle land to generate revenue. The audit report proposed the excision of some of the parcels for sale to generate income to offset the debts. The Claimants also attached their letters of appointment in support of the claim.
3. The Claimants proved on a balance of probabilities that they are owed sums as salary arrears. The tabulation presented to court on 1st February 2019 sets out the itemized amounts each of the 8 Claimants is to receive. The Respondent is therefore liable to pay salary as shown in the audit report and the tabulation made before the court. The said tabulation filed on 1st February 2019 shall form part of the Judgment of this Court. The Claimants are also entitled to costs of the suit.
It is so ordered.
Dated and delivered at Meru this 6th day of February 2019
Nzioki wa Makau
JUDGE