[2017] KEELRC 1474 (KLR)
The Court found that the Claimant had proved on a balance of probabilities that he was employed by the Respondent and that the agreed salary was Kshs 50,000 per month. The Claimant's evidence, including the appointment letter and bank statements, was not challenged or rebutted by the Respondent, who failed to...
Source-derived case information.
- Citation
- [2017] KEELRC 1474 (KLR)
- Parties
- Claimant: Elvis Gicheru Mwangi; Respondent: Football Kenya Federation
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 299 of 2016
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed with costs to the Claimant.
- Judges
- MSA Makhandia
- Legal Topics
- Salary Arrears, Employment Contracts, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elvis Gicheru Mwangi
Claimant
Football Kenya Federation
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Claimant was an employee of the Respondent entitled to salary as per the appointment letter.
- 2 Whether the Respondent failed to pay the Claimant his salary as agreed.
- 3 Whether the Claimant is entitled to salary arrears and costs.
Ratio Decidendi
The Court found that the Claimant had proved on a balance of probabilities that he was employed by the Respondent and that the agreed salary was Kshs 50,000 per month. The Claimant's evidence, including the appointment letter and bank statements, was not challenged or rebutted by the Respondent, who failed to present any evidence or witnesses. The Respondent's mere denial and allegations of fraud were unsupported. Therefore, the Claimant was entitled to the claimed salary arrears of Kshs 900,000, and the Respondent was ordered to pay this amount together with costs.
Court Disposition
Claim allowed with costs to the Claimant.
Orders
- The Respondent shall pay the Claimant unpaid salaries amounting to Kshs 900,000.
- The Claimant is awarded costs of the suit.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 299 OF 2016
ELVIS GICHERU MWANGI CLAIMANT
v
FOOTBALL KENYA FEDERATION RESPONDENT
JUDGMENT
1. Elvis Gicheru Mwangi (Claimant) was employed by Football Kenya Federation (Respondent) as a Caretaker through a letter dated 10 September 2014. The monthly salary was fixed at Kshs 50,000/- per month.
2. The salary was not forthcoming after 3 months and the Claimant made a complaint to the County Labour Office in Naivasha.
3. The Labour Officer then demanded from the Respondent payment of outstanding salaries through letters dated 16 March 2015, 21 July 2015, 29 July 2015, 13 August 2015 and 8 April 2016, but got no response.
4. The lack of response prompted the Claimant to seek legal advice leading to a formal demand on 15 July 2016, and the institution of the present Cause.
5. The Respondent filed a Response on 5 September 2016 and the Cause was heard on 8 December 2016, when the Claimant testified, before adjournment to 21 February 2017 for the Respondent’s case.
6. However, when the Cause was called out on 21 February 2017, Ms. Alwala for the Respondent indicated that she was closing the Respondent’s case without leading evidence.
7. The Claimant filed his submissions on 10 March 2017, while the Respondent’s submissions which should have been filed by 24 March 2017 were filed on 28 March 2017.
8. The remuneration agreed between the parties as outlined in the letter of appointment issued to the Claimant under the hand of the then President of the Respondent was Kshs 50,000/- per month.
9. The Claimant produced a copy of his bank statement indicating that he was paid the agreed remuneration on 31 December 2014 and 6 May 2015.
10. Apart from the remuneration paid through the bank, the Claimant testified that he was also paid through mpesa and vouchers.
Evaluation
11. The Claimant produced a copy of his letter of appointment. Despite denying that the Claimant was its employee, the Respondent did not place any evidence on record to remotely suggest the letter was not issued by a competent officer when it was issued. The letter set out the terms and conditions of service.
12. In terms of section 18(2)(c) of the Employment Act, 2007, the Claimant was entitled to payment of remuneration as set out in the appointment letter at the end of each month.
13. The testimony and evidence by the Claimant that he was paid for 3 months only and that the unpaid salaries stood at Kshs 900,000/- by time of hearing was not controverted or challenged in any substantial way, and considering the failure by the Respondent to present or lead evidence, the Court finds that the Claimant has proved his case on a balance of probabilities.
14. The assertions of fraud as pleaded by the Respondent remain no more than mere allegations.
Conclusion and Orders
15. The Court therefore finds and holds that the Respondent owes the Claimant salary arrears and orders the Respondent to pay him
(a) Unpaid salaries Kshs 900,000/-
16. Claimant to have costs.
Delivered, dated and signed in Nakuru on this 31st day of March 2017.
Radido Stephen
Judge
Appearances
For Claimant Ms. Wachira instructed by Wachira Wanjiru & Co. Advocates
For Respondent Mr. Oboso/Ms. Alwala instructed by Sila Munyao & Co. Advocates
Court Assistants Nixon/Daisy