[2017] KEELRC 995 (KLR)
The court found that the Respondent had acknowledged the Claimant's entitlement to gratuity through its Human Resource Manager's Memo and failed to pay the amount or respond to the Claimant's requests. The Respondent's failure to defend the suit or contest the Claimant's evidence led the court to accept the...
Source-derived case information.
- Citation
- [2017] KEELRC 995 (KLR)
- Parties
- Claimant: Edwin Mbugua Waweru; Respondent: Presbyterian University of East Africa
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 223 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- MSA Makhandia
- Legal Topics
- Gratuity Payment, Employment Termination, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edwin Mbugua Waweru
Claimant
Presbyterian University of East Africa
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to payment of gratuity as computed by the Respondent.
- 2 Whether the Respondent's failure to pay gratuity constitutes a breach of contract.
Ratio Decidendi
The court found that the Respondent had acknowledged the Claimant's entitlement to gratuity through its Human Resource Manager's Memo and failed to pay the amount or respond to the Claimant's requests. The Respondent's failure to defend the suit or contest the Claimant's evidence led the court to accept the Claimant's case as uncontroverted. Consequently, the court held that the Claimant was entitled to the gratuity as claimed, and entered judgment in his favour for the amount specified in the Memorandum of Claim.
Court Disposition
Judgment for the Claimant.
Orders
- Judgment is entered for the Claimant as prayed in paragraphs a), b) and c) of the Memorandum of Claim.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 223 OF 2016
EDWIN MBUGUA WAWERU CLAIMANT
v
PRESBYTERIAN UNIVERSITY OF EAST AFRICA RESPONDENT
JUDGMENT
1. This is an undefended Cause, for the Respondent failed to enter appearance or file a Response. According to an affidavit of service sworn by Arasa Kinara and filed in Court on 22 November 2016, the Respondent acknowledged service of Notice of Summons and Memorandum of Claim on 1 July 2016.
2. When the Cause was called out for hearing on 23 March 2017, Mr. Chege for the Claimant informed the Court that he did not intend to lead any oral evidence and that he would rely on the record.
3. The Court reserved judgment to today.
4. According to a Certificate of Service issued by the Respondent to the Claimant and filed in Court, the Claimant was employed by the Respondent on 1 September 2008 and left on 14 June 2012. He served as Accounts Assistant and Storekeeper during the period.
5. On 27 November 2013, the Respondent’s Human Resource Manager requested the Finance Officer to pay the Claimant gratuity of Kshs 240,000/-.
6. The payment did not materialise and on 14 October 2014, the Claimant wrote to the Respondent’s Vice Chancellor to intervene and authorise the payment of gratuity. There was no response.
7. On 9 June 2016, the Claimant moved Court seeking an order to compel for the payment of the gratuity of Kshs 240,000/- as computed by the Respondent’s Human Resource Manager through the Memo of 27 November 2013.
8. In consideration of the Respondent’s own Memo and the failure by the Respondent to defend the Cause, the Court finds in favour of the Claimant.
9. Judgment is therefore entered for the Claimant in terms of paragraphs a), b) and c) of the Memorandum of Claim.
Delivered, dated and signed in Nakuru on this 14th day of July 2017.
Radido Stephen
Judge
Appearances
Mr. Chege instructed by Munene Chege & Co. Advocates For Claimant
For Respondent did not appear
Court Assistant Nixon