[2015] KEELRC 480 (KLR)
The court found that the parties had agreed on the outstanding pay of Kshs. 15,290, of which Kshs. 5,000 had already been paid. The claimant was entitled to the balance of Kshs. 10,290 and an additional Kshs. 1,000 for bank charges resulting from a dishonored cheque, totaling Kshs. 11,290. The court held that the...
Source-derived case information.
- Citation
- [2015] KEELRC 480 (KLR)
- Parties
- Claimant: Barnabas Maina Muchoki; Respondent: The Committee, Kieni Youth Polytechnic through Chairman, Secretary and Treasurer
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 49 of 2014
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant in part
- Judges
- B Ongaya
- Legal Topics
- Unpaid Wages, Employment Termination, Qualification for Employment
- 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
Barnabas Maina Muchoki
Claimant
The Committee, Kieni Youth Polytechnic through Chairman, Secretary and Treasurer
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to unpaid or underpaid wages as claimed.
- 2 Whether the claimant is entitled to compensation for a dishonored cheque and associated bank charges.
- 3 Whether the claimant was entitled to the minimum pay for an instructor in carpentry given his qualifications.
Ratio Decidendi
The court found that the parties had agreed on the outstanding pay of Kshs. 15,290, of which Kshs. 5,000 had already been paid. The claimant was entitled to the balance of Kshs. 10,290 and an additional Kshs. 1,000 for bank charges resulting from a dishonored cheque, totaling Kshs. 11,290. The court held that the claimant was not entitled to the minimum pay for an instructor in carpentry because he did not possess the required qualifications for that position. The court emphasized that parties are bound by their agreement regarding the outstanding pay, and the claimant's employment was subject to government approval, which was denied due to lack of qualifications. Therefore, the claim for...
Court Disposition
judgment for the claimant in part
Orders
- The respondent to pay the claimant Kshs. 11,290.00 by 1.11.2015, failing which interest at court rates to be paid thereon from 13.03.2009 until full payment.
- The respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 49 OF 2014
(Formerly Cause No. 115(N) of 2009 at Nairobi)
BARNABAS MAINA MUCHOKI...............................................................................................CLAIMANT
VERSUS
THE COMMITTEE, KIENI YOUTH POLYTECHNIC THROUGH
CHAIRMAN, SECRETARY AND TREASURER................................................................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 2nd October, 2015)
JUDGMENT
The claimant filed the memorandum of claim on 13. 03. 2009 through J.N. Mbuthia & Company Advocates. The claimant prayed for judgment against the respondent for:
Kshs. 153, 241. 20 unpaid or underpaid wages.
Kshs. 1,000. 00 for dishonored cheque.
Costs of the suit.
Interest on a, b, and c above.
Any further or better relief this court may find just and expedient.
The respondent filed the response to the claim on 12. 05. 2009 through E.W. Waudo for the Attorney General. The respondent prayed that the suit be dismissed with costs.
The claimant’s case was that he was employed from 18. 05. 2003 to 24. 07. 2007 in the position of an instructor in carpentry and was paid by the respondent Kshs. 2, 000. 00 per month throughout the service. His services ended when another person was employed in his place. The respondent’s board summoned the claimant to a meeting and informed him that he was not qualified as engaged. The claimant possessed Grade III certificate in carpentry at the time of termination having acquired the qualification while in the respondent’s employment
The claimant had a long standing dispute with respondent over his pay ending in a report to the police at Murang’a and the respondent then paid Kshs. 15, 290. 00 by cheque. When the claimant presented the cheque to his Equity Bank it bounced with a bank charge of Kshs. 1,000. 00 against the claimant.
The claimant testified that he handed over on 25. 05. 2006 and his last day at work was on 24. 02. 2006. He denied that he had a record of absenteeism.
The only issue for determination is whether the claimant is entitled to the prayers made. It is not disputed between the parties that the agreement between the parties was that the outstanding pay was Kshs. 15, 290. 00 out of which Kshs. 5,000. 00 was paid. The court finds that parties are bound by that agreement. The court finds that the claimant is entitled to Kshs. 15, 290. 00 less Kshs. 5,000. 00 paid and plus Kshs. 1,000. 00 for the bank charges making a sum of Kshs. 11,290. 00 due. The claimant’s employment was subject to government approval but which was denied because the claimant lacked qualifications. The court finds that the claimant was not therefore entitled to the minimum pay for an instructor in carpentry as claimed because he never qualified for employment in that position.
In conclusion, judgment is entered for the claimant against the respondent for:
The respondent to pay the claimant Kshs. 11, 290. 00 by 1. 11. 2015 failing interest at court rates to be paid thereon from 13. 03. 2009, the date of the suit, till full payment.
The respondent to pay costs of the suit.
Signed, dated and delivered in court at Nyeri this Friday, 2nd October, 2015.
BYRAM ONGAYA
JUDGE