[2016] KEELRC 189 (KLR)
The court found that the claimant was entitled to terminal dues following redundancy, as the respondent did not oppose the computation or entitlement. However, the claim for damages equivalent to 12 months' pay for loss of employment was declined due to lack of evidence of unfair termination. The court awarded the...
Source-derived case information.
- Citation
- [2016] KEELRC 189 (KLR)
- Parties
- Claimant: Elias Ngiciri Kagwaini; Respondent: Babs Security Services Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 92 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant in part.
- Judges
- B Ongaya
- Legal Topics
- Redundancy, Terminal Dues, Damages for Loss of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elias Ngiciri Kagwaini
Claimant
Babs Security Services Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to terminal dues following redundancy.
- 2 Whether the claimant is entitled to damages for loss of employment equivalent to 12 months' pay.
- 3 Whether the respondent should pay costs of the suit.
Ratio Decidendi
The court found that the claimant was entitled to terminal dues following redundancy, as the respondent did not oppose the computation or entitlement. However, the claim for damages equivalent to 12 months' pay for loss of employment was declined due to lack of evidence of unfair termination. The court awarded the claimant the computed terminal dues and costs of the suit, but not the additional damages sought.
Court Disposition
Judgment for the claimant in part.
Orders
- The respondent to pay the claimant Kshs. 49,135.00 by 15.12.2016, failing which interest at court rates shall be payable from 10.05.2016 until full payment.
- The respondent to pay the claimant's costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 92 OF 2016
ELIAS NGICIRI KAGWAINI..........................................CLAIMANT
VERSUS
BABS SECURITY SERVICES LIMITED............... RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 25th November, 2016)
JUDGMENT
The claimant filed the memorandum of claim on 10. 05. 2016 through Kirubi, Mwangi Ben & Company Advocates. The claimant prayed for judgment against the respondent for:
a. Payment of terminal dues amounting to Kshs. 49, 135. 00 being terminal dues following redundancy on 31. 01. 2014.
b. Damages for loss of employment equivalent to 12 months pay at Kshs. 6,640. 00 x 12 months making Kshs. 79, 680. 00.
c. Costs of the suit.
d. Any other or better relief the honourable court may deem fit to grant.
The claimant has computed the terminal dues upon redundancy and as prayed for. The same is hereby allowed. The respondent has not opposed the award of terminal dues as computed. As there was no evidence for unfair termination, 12 months’ pay for loss of employment as prayed for is hereby declined.
In conclusion judgment is hereby entered for the claimant against the respondent for:
a. The respondent to pay the claimant Kshs. 49, 135. 00 by 15. 12. 2016 failing interest at court rates to be payable thereon from the date of the suit 10. 05. 2016 till full payment.
b. The respondent to pay the claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 25th November, 2016.
BYRAM ONGAYA
JUDGE