[2015] KEELRC 1622 (KLR)
The court found that the claimant was employed by the 1st respondent under a valid contract, which was admitted by the 3rd respondent. The respondents failed to pay the claimant his salary for the period worked, except for a part payment of Ksh.10,000. The 1st and 2nd respondents did not contest the claim. The court...
Source-derived case information.
- Citation
- [2015] KEELRC 1622 (KLR)
- Parties
- Claimant: Donald Oricho; Respondent: The National Vision Party; Respondent: Nicholas K. Biwott; Respondent: Benter Akinyi Opande
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 26 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed as uncontested; judgment entered for the claimant.
- Legal Topics
- Employment Contracts, Salary Arrears, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Donald Oricho
Claimant
The National Vision Party
Respondent
Nicholas K. Biwott
Respondent
Benter Akinyi Opande
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was employed by the respondents under a valid contract of employment.
- 2 Whether the respondents failed to pay the claimant his salary as agreed in the contract.
- 3 Whether the claimant is entitled to arrears of salary and other reliefs sought.
Ratio Decidendi
The court found that the claimant was employed by the 1st respondent under a valid contract, which was admitted by the 3rd respondent. The respondents failed to pay the claimant his salary for the period worked, except for a part payment of Ksh.10,000. The 1st and 2nd respondents did not contest the claim. The court held that the claimant was entitled to arrears of salary amounting to Ksh.188,000 for February to December 2012, with interest at court rates from the date of filing until payment in full, and costs of the suit. The liability was held to be joint and several among the respondents.
Court Disposition
Claim allowed as uncontested; judgment entered for the claimant.
Orders
- The respondents jointly and severally to pay the claimant Ksh.188,000 as arrear salary for February to December 2012.
- The sum is payable with interest at court rates from the date of filing until payment in full.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 26 OF 2013
DONALD ORICHO ……………..…....................................... CLAIMANT
VERSUS
THE NATIONAL VISION PARTY…....…………... 1ST RESPONDENT
NICHOLAS K. BIWOTT …….……………….... 2ND RESPONDENT
BENTER AKINYI OPANDE ………...……….…. 3RD RESPONDENT
JUDGMENT
1. The Claimant, Donald Oricho was appointed by the 1st Respondent. The National vision Party to manage the county office at Nairobi on a 5 year contract at a monthly salary of Ksh.18,000. 00.
2. In terms of the letter of appointment marked exhibit ‘A’ and dated 23rd January, 2012, the contract was terminable by either party giving a one month’s notice or payment of two months’ salary in lieu of notice.
3. The Respondent’s offices were situated at Bharvsh Centre along Murang’a Road.
4. The Claimant worked from 23rd January, 2012 up to December, 2012 but was not paid his monthly salary. He was only paid Ksh.10,000. 00 by the 2nd Respondent, Mr. Nicholas K. Biwott.
5. The Claimant claims his arrear salary of Ksh.188,000. 00 and subsequent salaries thereafter.
6. The 3rd Respondent, Ms. Benter Akinyi Opande filed a Memorandum of Defence on 11th November, 2013 in which she makes the following admissions,
7. That on 23rd January, 2012, she recruited the Claimant and notified the 2nd Respondent.
8. That the Claimant was not paid salary until March, 2012 when the 2nd Respondent made part payment of Ksh.10,000. 00.
9. The 3rd Respondent admits that the Respondents have not honoured the contract of employment and commits to abide by the decision of the court.
10. The 1st and 2nd Respondents did not file any Statement of Defence in the matter.
11. The Claim is therefore not contested and the court orders as follows;
The Claimant is owed by the Respondents jointly and severally, a sum of Ksh.188,000. 00 being arrear salary for the months of February to December, 2012.
12. The sum is payable to the Claimant with interest at court rates from the date of filing this suit till payment in full.
13. The Respondents are also to pay the costs of the suit to the Claimant.
Dated and Delivered at Nairobi this 21st day of August, 2015.
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE