[2017] KEELRC 249 (KLR)
The court found that the claimant had properly resigned from employment and that the respondent, through its CEO, had acknowledged both the resignation and the claimant's entitlement to terminal dues amounting to Kshs.840,787.70. Only Kshs.15,000 had been paid, leaving a balance of Kshs.825,787.70. The respondent...
Source-derived case information.
- Citation
- [2017] KEELRC 249 (KLR)
- Parties
- Claimant: James Muriithi Kiumbe; Respondent: M/s Mellech Engineering and Construction Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1489 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Terminal Benefits, Resignation, Final Dues, Notice of Resignation
- 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
James Muriithi Kiumbe
Claimant
M/s Mellech Engineering and Construction Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment of terminal benefits upon resignation.
- 2 Whether the respondent failed to pay the agreed terminal dues to the claimant.
- 3 Whether the claimant is entitled to interest and costs.
Ratio Decidendi
The court found that the claimant had properly resigned from employment and that the respondent, through its CEO, had acknowledged both the resignation and the claimant's entitlement to terminal dues amounting to Kshs.840,787.70. Only Kshs.15,000 had been paid, leaving a balance of Kshs.825,787.70. The respondent did not contest the claim or provide any defence. The court therefore entered judgment for the claimant for the unpaid balance, with interest from the last date of work, and awarded costs to the claimant.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.825,787.70.
- The sum is payable with interest at court rates from 20th March 2013.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1489 OF 2013
JAMES MURIITHI KIUMBE............................CLAIMANT
VERSUS
M/S MELLECH ENGINEERING AND
CONSTRUCTION LIMITED........................RESPONDENT
Mr. Muriuki for claimant
JUDGMENT
1. This is a claim for payment of terminal benefits duly owed to the claimant by the respondent upon claimant’s resignation from the employ of the respondent by a notice of resignation dated 15th February 2013.
2. From the documentation filed by the claimant, the issue of resignation and the fact that the claimant was entitled to payment of terminal dues in the sum of Kshs.840,787. 70/= is not in dispute.
3. The Chief Executive Officer, Mr. Gerald Wamalwa wrote a letter accepting the claimant’s resignation dated 11th March 2013 in which he thanked the claimant for service rendered to the company. The Chief Executive Officer also sent a statement of tabulated final dues to the claimant dated 18th March 2013.
4. The suit was not defended and the claimant testified under oath in support of the claim. The claimant stated that only Kshs.15,000/= was paid to him as at the time of filing suit. The claimant served a notice of demand through his advocate, Mulondo Oundo Muriuki and Company dated 22nd May 2013 but the same was not honoured.
5. The court enters judgment in favour of the claimant as against the respondent in the sum of Kshs.825,787. 70/=.
6. The sum is payable with interest at court rates from 20th March 2013, the last date of work by the claimant upon his resignation.
7. The respondent to pay the costs of the suit.
Dated, Signed and Delivered on this 17th Day of November 2017
MATHEWS NDERI NDUMA
JUDGE