[2015] KEELRC 134 (KLR)
The court found that the claimant had established, through documentary evidence (payslips), that Kshs.500 was deducted monthly from his salary for Sacco savings, amounting to Ksh.51,200 by July 2011. The respondent failed to appear or contest the claim, nor did it provide any reason for withholding the funds. The...
Source-derived case information.
- Citation
- [2015] KEELRC 134 (KLR)
- Parties
- Claimant: Frank Mwaura Kiongo; Respondent: Apex Security Services
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1209 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Legal Topics
- Employee Benefits, Sacco Savings, Termination of Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frank Mwaura Kiongo
Claimant
Apex Security Services
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to a refund of his Sacco shares upon resignation from employment.
- 2 Whether the respondent has any lawful basis to withhold the claimant's Sacco savings.
Ratio Decidendi
The court found that the claimant had established, through documentary evidence (payslips), that Kshs.500 was deducted monthly from his salary for Sacco savings, amounting to Ksh.51,200 by July 2011. The respondent failed to appear or contest the claim, nor did it provide any reason for withholding the funds. The court held that Sacco savings are the property of the saver and, in the absence of any contrary evidence or justification, must be refunded upon termination of employment in accordance with Sacco rules. The claim was therefore merited and judgment was entered in favour of the claimant for the full amount claimed.
Court Disposition
judgment for the claimant
Orders
- The respondent shall refund the claimant Ksh.51,200 being Sacco savings deducted from his salary.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NUMBER 1209 OF 2013
FRANK MWAURA KIONGO…………….CLAIMANT
VERSUS
APEX SECURITY SERVICES……………..…RESPONDENT
JUDGMENT
1. The claimant herein seeks refund of his Sacco shares totaling to Ksh.51,200 which he claims became due and payable upon his resignation from the respondent’s employment. The respondent though served never entered appearance nor filed any response to the claim. The matter therefore proceeded as undefended.
2. Sacco savings belong to the person saving and are withdrawable by such person in accordance with the rules of such Sacco. The respondent has not shown any reason why the claimant should not be refunded his Sacco savings. I have perused the payslips exhibited by the claimant and noted that the respondent used to deduct Kshs.500 per month from the claimant’s salary on account of Sacco Savings. As at July, 2011, the claimant had saved Kshs.51,200 which he seeks to withdraw.
3. The Court finds the claim merited and hereby enters judgment in favour of the claimant as prayed in the memorandum of claim dated 31st July 2013.
4. It is so ordered.
Dated at Nairobi this 20th day of November 2015
Abuodha J. N.
Judge
Delivered this 20th day of November 2015
In the presence of:-
……………………………………………………………for the Claimant and
………………………………………………………………for the Respondent.
Abuodha J. N.
Judge