[2021] KEELRC 44 (KLR)
The court found that the claimant had established through documentary evidence that he was engaged by the respondent, taught courses, and supervised master's theses. There was no evidence of payment by the respondent for the services rendered. The respondent did not contest the claim or provide any defense. The...
Source-derived case information.
- Citation
- [2021] KEELRC 44 (KLR)
- Parties
- Claimant: Fred Cephas Obande Buluma; Respondent: Kenya Methodist University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 284 of 2018
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- Claim allowed in full.
- Judges
- HS Wasilwa
- Legal Topics
- Unpaid Salaries, Employment Contracts, Discrimination in Payment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fred Cephas Obande Buluma
Claimant
Kenya Methodist University
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to unpaid salaries for services rendered as a part-time lecturer and dissertation supervisor.
- 2 Whether the respondent discriminated against the claimant in payment of dues, violating Article 41(1) of the Constitution.
- 3 Whether the claimant is entitled to interest and costs.
Ratio Decidendi
The court found that the claimant had established through documentary evidence that he was engaged by the respondent, taught courses, and supervised master's theses. There was no evidence of payment by the respondent for the services rendered. The respondent did not contest the claim or provide any defense. The court held that the claimant had proved his case on a balance of probabilities and was entitled to the claimed sum of Kshs. 790,000, plus costs and interest at court rates from the date of judgment.
Court Disposition
Claim allowed in full.
Orders
- Judgment entered for the claimant against the respondent for Kshs. 790,000.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAKURU
ELRC CAUSE 284 OF 2018
FRED CEPHAS OBANDE BULUMA....................................................CLAIMANT
VERSUS
KENYA METHODIST UNIVERSITY.............................................RESPONDENT
JUDGMENT
1. The Claimants herein filed a Memorandum of Claim dated 20th December, 2020 on even date through the firm of Raydon Mwangi and Associates Advocates claiming unpaid salaries.
2. The claimant avers that he was employed by the Respondent as masters’ dissertation supervisor and part time lecturer sometimes between 2009 and 2016.
3. He states that he supervised Eleven (11) masters students and was to be paid an aggregate of Kshs.160,000, in addition to other five Courses he taught being BUS 423-Degree management research methods; MBAD 505-Financial Accounting; MBAD 507- Managerial Accounting; MBAD 508 –Human Resource management and MBAD 511, Financial management each consuming 45 hours per semester. Save for BUS 423-Degree management research methods which was paid Kshs.2000 an hour the other courses were paid at an hourly rate of Kshs.3000 add adding up to Kshs.790,000 which remain unpaid to date.
4. The claimant avers that he requested for the payment of the said monies through its letter of 7th September, 2018 which did not elicit any response prompting him to instruct his advocate to send a remainder vide the letter date 23rd October, 2018 which was equally ignored.
5. The clamant avers that he was discriminated upon by the Respondent as other lecturers were paid their dues, while his requests were shelved and never acted upon. He thus contends that his right under Article 41(1) of the Constitution was violated by the Respondent and prayed that the Respondent be penalized as provided for under section 25(1) of the Employment Act.
6. The Claimant therefore prayed for the following reliefs;-
a) Unpaid salaries
b) Interest at Court rates
c) Costs of the suit to be met by the Respondent
d) Any other relief that the Honourable Court may deem fir to award.
7. The Respondent Enter appearance on the 6th November, 2019 through the firm of Lusweti & Nabutola and Company Advocates. They however did not file any Response to claim therefore this suit proceeded undefended.
8. The claim herein proceeded for formal proof hearing on the 11th November, 2021 where the Claimant, Fred Cephan Obande Buluma (CW-1) adopted his statement dated 20th December, 2018 together with the documents filed on even date and prayed for the claim to be allowed as prayed.
9. The Claimant opted not to file any submissions in this claim.
10. I have examined the evidence submitted before me. The claimant has established that he was engaged by the respondents herein.
11. He has also exhibited documents showing that he taught some subjects and also supervised Masters thesis. There is no indication that he was paid by the respondents as expected after delivering his work.
12. I find that he has proved his case as expected and I enter Judgment for him as against the respondent for kshs.790,000/= plus cost and interest at court rates with effect from the date of this Judgment.
DATED AND DELIVERED IN OPEN COURT THIS 16TH DAY OF DECEMBER, 2021.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
IN THE PRESENCE OF:
TOWETT HOLDING BRIEF FOR MWANGI FOR CLAIMANT – PRESENT
NO APPEARANCE FOR RESPONDENTS
COURT ASSISTANT - WANYOIKE