[2023] KEELRC 1169 (KLR)
The court found that the respondents, as former employees of the claimant, disengaged from their employment without providing the required one month notice or salary in lieu as stipulated in their appointment letters and under the Employment Act. The matter was undefended, and the claimant's evidence, including...
Source-derived case information.
- Citation
- [2023] KEELRC 1169 (KLR)
- Parties
- Applicant: Asa Limited; Respondent: Immaculate Wangari Kimondo; Respondent: Zion O Obonyo; Respondent: Esther Syokau Nzavi; Respondent: Esther Mutethya Mwangangi; Respondent: Dorcas Anyango Suleiman; Respondent: Felistus Nyaguthi Kandia; Respondent: Irene Wanjiru Mburu; Respondent: Benjamin Njaria Gachanja; Respondent: Simon Thirikwa Githinji; Respondent: Peter Wabwile Wafula; Respondent: Raphael Abaya Abugo; Respondent: Brenda Wangechi Kihara; Respondent: Mc Donald Otieno Ogutu; Respondent: Kioko Kilonzo; Respondent: Charity Kinya Gitonga; Respondent: Immaculate Wangari Irungu; Respondent: Faith Khalayi Wabwile; Respondent: Sarah Wanjiru Muchiri; Respondent: Merceline Ndinda Mutunga; Respondent: Alvia K. Shikali; Respondent: Brian Omondi Ouma
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 35 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- NJ Abuodha
- Legal Topics
- Unlawful Termination, Notice Periods, Salary in Lieu of Notice, Employee Exit Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Asa Limited
Applicant
Immaculate Wangari Kimondo
Respondent
Zion O Obonyo
Respondent
Esther Syokau Nzavi
Respondent
Esther Mutethya Mwangangi
Respondent
Dorcas Anyango Suleiman
Respondent
Felistus Nyaguthi Kandia
Respondent
Irene Wanjiru Mburu
Respondent
Benjamin Njaria Gachanja
Respondent
Simon Thirikwa Githinji
Respondent
Peter Wabwile Wafula
Respondent
Raphael Abaya Abugo
Respondent
Brenda Wangechi Kihara
Respondent
Mc Donald Otieno Ogutu
Respondent
Kioko Kilonzo
Respondent
Charity Kinya Gitonga
Respondent
Immaculate Wangari Irungu
Respondent
Faith Khalayi Wabwile
Respondent
Sarah Wanjiru Muchiri
Respondent
Merceline Ndinda Mutunga
Respondent
Alvia K. Shikali
Respondent
Brian Omondi Ouma
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondents unlawfully terminated their employment without giving the required notice or salary in lieu of notice.
- 2 Whether the claimant is entitled to compensation for damages and recovery of amounts owed due to the respondents' breach of contract.
Ratio Decidendi
The court found that the respondents, as former employees of the claimant, disengaged from their employment without providing the required one month notice or salary in lieu as stipulated in their appointment letters and under the Employment Act. The matter was undefended, and the claimant's evidence, including appointment letters and proof of non-payment, was uncontroverted. The court held that the respondents' failure to comply with contractual and statutory notice requirements constituted a breach of contract, entitling the claimant to judgment as prayed for the amounts owed, together with costs and interest.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the claimant as prayed in the claim.
- The claimant shall have costs and interest.
Full Case Text
Judgment text and source record
63 paragraphs
Asa Limited v Kimondo & 20 others (Cause 35 of 2016) [2023] KEELRC 1169 (KLR) (5 May 2023) (Judgment)
Neutral citation: [2023] KEELRC 1169 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 35 of 2016
NJ Abuodha, J
May 5, 2023
Between
Asa Limited
Claimant
and
Immaculate Wangari Kimondo
1st Respondent
Zion O Obonyo
2nd Respondent
Esther Syokau Nzavi
3rd Respondent
Esther Mutethya Mwangangi
4th Respondent
Dorcas Anyango Suleiman
5th Respondent
Felistus Nyaguthi Kandia
6th Respondent
Irene Wanjiru Mburu
7th Respondent
Benjamin Njaria Gachanja
8th Respondent
Simon Thirikwa Githinji
9th Respondent
Peter Wabwile Wafula
10th Respondent
Raphael Abaya Abugo
11th Respondent
Brenda Wangechi Kihara
12th Respondent
Mc Donald Otieno Ogutu
13th Respondent
Kioko Kilonzo
14th Respondent
Charity Kinya Gitonga
15th Respondent
Immaculate Wangari Irungu
16th Respondent
Faith Khalayi Wabwile
17th Respondent
Sarah Wanjiru Muchiri
18th Respondent
Merceline Ndinda Mutunga
19th Respondent
Alvia K. Shikali
20th Respondent
Brian Omondi Ouma
21st Respondent
Judgment
1. The Claimant herein through a memorandum of claim filed on 15th January, 2016 pleaded among others that;a.The Claimant is a Limited Liability Company duly registered under the Companies Act Cap. 486 Laws of Kenya carrying on its activities within the Republic of Kenya.b.The Respondents are all former employees of the Claimant herein, male and female adults of sound mind and disposition residing and working for gain within the Republic of Kenya, Service of summons shall be effected through the Claimant’s advocate offices.c.All the Respondents herein by virtue of different express terms of agreement were its employees as loan officers on diverse dates between the year 2013 and 2015. d.As a result of the above breaches and neglect of duties by the respondents, it has incurred immense damages and losses which it now claims from the respondents herein.e.Despite the Claimant’s persistent requests and demands to be paid, the dues owed to him by the Respondents, they have without any colour of right or justifiable cause refused, declined and or ignored to pay the said amounts of money.
2. The Respondents were served but did not enter appearance or file any defence to the Claimant herein. The matter was therefore on 4th October, 2022 (Mbaru, J) declared undefended and was allowed to proceed as undefended cause.
3. On 17th April, 2023 when the matter came up before me, the Claimant called one witness Mr. Benard Kinyanjui who informed the Court that he worked for the respondent as the Director, Human Resource and that he wished to adopt his witness statement and list of documents filed with the claim as his evidence in chief.
4. In his statement, he stated among others that by virtue of his office, he was privy to all records relevant to demonstrate the respondent’s liability in the matter. From the record, the respondents were the claimant’s employees as per their letters of appointment filed in Court. The Claimant’s disengaged themselves from work in an illegal manner by failing to provide one month’s notice or salary in lieu as required in their appointment letters.
5. It was further his statement that the respondents have deliberately refused to make payments despite several demands and that the Claimant now sought compensation for damages and recovery of the amounts owed to it by the respondents.
6. As observed earlier, this matter is undefended and the Claimant having reasonably shows that the respondents did not follow the law while separating from their employment with the Claimant, the Court hereby enters judgment in favour of the Claimant as prayed in the claim.
7. The Claimant shall further have costs and interest.
8. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 5TH DAY OF MAY 2023ABUODHA J. N.JudgeIn the presence of:-CR Advocates LLP for the ClaimantNo appearance for the Respondents