[2020] KEELRC 1282 (KLR)
The court found that the claimant had proved, on a balance of probabilities, that he was appointed as Interim Head of Internal Audit and was entitled to extraneous allowances of Kshs. 45,000 per month for two years, totaling Kshs. 1,080,000. The respondent did not file a defence or rebut the claim, and the...
Source-derived case information.
- Citation
- [2020] KEELRC 1282 (KLR)
- Parties
- Claimant: Benard Ongir Aoko; Respondent: The County Government of Nyamira
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 264 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Public Service Employment, Allowances and Benefits, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Ongir Aoko
Claimant
The County Government of Nyamira
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment of extraneous allowances for the period served as Interim Head of Internal Audit.
- 2 Whether the respondent is liable to pay the claimed sum of Kshs. 1,080,000 for unpaid allowances.
Ratio Decidendi
The court found that the claimant had proved, on a balance of probabilities, that he was appointed as Interim Head of Internal Audit and was entitled to extraneous allowances of Kshs. 45,000 per month for two years, totaling Kshs. 1,080,000. The respondent did not file a defence or rebut the claim, and the claimant's evidence was unchallenged. The court held that the claimant was entitled to the claimed sum, interest at court rates from the date of filing suit until payment in full, and costs of the suit.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs. 1,080,000 as unpaid extraneous allowances.
- The sum awarded shall attract interest at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 264 OF 2018
(Before Hon. Justice Mathews N. Nduma)
BENARD ONGIR AOKO..................................................CLAIMANT
VERSUS
THE COUNTY GOVERNMENT OF NYAMIRA......RESPONDENT
JUDGMENT
1. The suit was filed on 17th July 2018. The claimant prays for payment of extraneous allowances in the sum of Kshs. 1,080,000 due and owing to him from the respondent.
2. The claimant testified that he was employed by the defunct local Authorities prior to 2013 General Elections. That he is now an employee of the County government of Nyamira in terms of Section 138 of the County government’s Act, 2012.
3. That on 9th October 2013, the County Government of Nyamira, appointed him the Interim Head of Internal Audit on temporary terms until the position was substantively filled.
4. That the appointment entitled the claimant to payment of extraneous allowances of Kshs. 45,000 per month as per the letter of the Transition Authority dated 27th February 2013 and 20th January 2014 respectively. The two letters were produced as exhibits ‘4’ and ‘5’ respectively. The allowances payable with respect to deployment are set out in exhibit ‘5’ produced by the claimant.
5. The claimant testified that he discharged his duties in that capacity effectively for a period of two (2) years and was relieved from those duties in October 2015, when the County Government made substantive appointment of the Interim Head of Internal Audit. The claimant testified that he was not paid extraneous allowances due and payable to him for the two years he served in that capacity.
6. The respondent County government engaged accountants in 2014 from the National Government to fill in staff gaps. These officers were paid their allowances until the County Government recruited its staff and released them back to the National Government.
7. The claimant has made numerous demands for payment in vain. The claimant prays to be awarded as prayed.
8. The respondent was served with statement of claim and summons to enter appearance. The respondent entered appearance by a notice dated 12th October 2018 filed on the even date through M/S E. Asati Advocate.
9. The respondent did not file a defence to the claim and the matter proceeded to formal proof on 17th September 2019.
Determination
10. The suit remains undefended and the claimant has proved on a balance of probabilities that he is owed by the respondent Kshs. 1,080,000 being unpaid extraneous allowance due and owing to him for services rendered to the respondent.
11. Judgment is entered in favour of the claimant against the respondent for the sum of Kshs. 1,080,000 plus interest at court rates from date of filing suit till payment in full.
12. The respondent to pay the costs of the suit.
Judgment Dated, Signed and delivered at Nairobi this 16th day of April, 2020
Mathews N. Nduma
Judge
ORDER
In view of the declaration of measures restricting court of operations due the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this judgment has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
Mathews N. Nduma
Judge
Appearances
Mr. Nakitare for Claimant
E. Asati, Advocate for the Respondent.
Chrispo – Court Clerk