[2020] KEELRC 1449 (KLR)
The court found that the claimant's evidence was unchallenged due to the respondent's failure to attend court or file a defence. The claimant established that he worked for the respondent as a driver and was not paid for three months, amounting to Ksh.45,000. The court held that the claimant was entitled to payment...
Source-derived case information.
- Citation
- [2020] KEELRC 1449 (KLR)
- Parties
- Claimant: Danile Mugekenyi; Respondent: Benson Muthura
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 227 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Legal Topics
- Unpaid Wages, Employment Termination, Summary Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Danile Mugekenyi
Claimant
Benson Muthura
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was employed by the respondent as a driver and the terms of such employment.
- 2 Whether the claimant is entitled to unpaid wages for three months amounting to Ksh.45,000.
- 3 Whether the claimant is entitled to costs and interest due to the respondent's failure to pay wages and attend court.
Ratio Decidendi
The court found that the claimant's evidence was unchallenged due to the respondent's failure to attend court or file a defence. The claimant established that he worked for the respondent as a driver and was not paid for three months, amounting to Ksh.45,000. The court held that the claimant was entitled to payment for work done, and the respondent's failure to pay or defend the claim justified judgment in favour of the claimant for the unpaid wages, interest from the date of filing, and costs of the suit.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Ksh.45,000 as owing wages.
- The respondent shall pay interest on the sum of Ksh.45,000 from the date of filing suit until paid in full at court rates.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAKURU
CAUSE NO.227 OF 2016
DANILE MUGEKENYI............................................................................CLAIMANT
VERSUS
BENSON MUTHURA...........................................................................RESPONDENT
JUDGEMENT
The claimant filed the Memorandum of Claim on 13th June, 2016 and served the respondent with summons and notices to attend but failed to enter appearance or file a defence. There are returns to confirm service. the claimant was heard of his claims in the absence of the respondent.
The claim is that the respondent employed the claimant as a driver at a wage of ksh.15,000 per month from 3rd October, 2014 and for a period of one (1) years he would transport workers from Naivasha town to Pagot company which had contracted the respondent for transport services.
The claimant was laid off after the company was dissolved hence the respondent’s contract was terminated. At the time the claimant had not been paid for 3 months all at ksh.45,000.
The claim is for the payment of the due wage of ksh.45,000 and costs of the suit.
The claimant testified in support of his case.
The failure by the respondent to attend court and give a defence herein has denied the court crucial material and details which only the respondent should have heard. This includes the work records with regard to the claimant as to the nature of the employment and the terms thereof.
The claims being not challenged, where the claimant worked for 3 months without pay, this is due and owing. The claimant is entitled for pay for work done all at ksh.45,000.
In view of the respondent failing to attend court or pay the claimant upon demand for his owing wages, costs are due as claimed.
Accordingly, judgement is hereby entered for the claimant against the respondent for payment of owing wages at ksh.45,000; interests on the same from the date of filing suit until paid in full at court rates; and costs of the suit.
Delivered at Nakuru this 20th day of February, 2020.
M.MBARU
JUDGE
In the presence of:
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