[2019] KEHC 2590 (KLR)
The court found that the respondent's letter of 22 September 2014, signed by its Vice-Chancellor, was authentic and established the gratuity due to the claimant. The respondent failed to attend the hearing, did not cross-examine the claimant, and did not provide any credible evidence to dispute the amount claimed....
Source-derived case information.
- Citation
- [2019] KEHC 2590 (KLR)
- Parties
- Claimant: Japheth Muita Githaiga; Respondent: Presbyterian University of East Africa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Cause 126 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MSA Makhandia
- Legal Topics
- Gratuity Entitlement, Employment Termination, Remuneration Disputes
- 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
Japheth Muita Githaiga
Claimant
Presbyterian University of East Africa
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent owes the claimant the balance of gratuity as computed in the letter dated 22 September 2014.
- 2 Whether the claimant is entitled to interest and costs on the unpaid gratuity.
Ratio Decidendi
The court found that the respondent's letter of 22 September 2014, signed by its Vice-Chancellor, was authentic and established the gratuity due to the claimant. The respondent failed to attend the hearing, did not cross-examine the claimant, and did not provide any credible evidence to dispute the amount claimed. The court held that the claimant was only paid Kshs 200,000/- out of the Kshs 1,285,200/- gratuity, leaving a balance of Kshs 1,085,200/-. The court awarded the claimant the outstanding gratuity, interest at court rates from 3 February 2015, and costs of the suit.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs 1,085,200/- as gratuity.
- The sum shall attract interest at court rates from 3 February 2015.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 126 OF 2015
JAPHETH MUITA GITHAIGA................................................CLAIMANT
VERSUS
PRESBYTERIAN UNIVERSITY OF EAST
AFRICA...................................................................................RESPONDENT
JUDGMENT
1. Japheth Muita Githaiga (Claimant) served the Presbyterian University of East Africa (Respondent) from 8 November 2010 to 30 September 2013 when he resigned. The Claimant was holding the position of Registrar at the time of separation.
2. Upon the resignation, the Respondent wrote to the Claimant on 22 September 2014 to advise him that his gratuity was Kshs 1,285,200/-.
3. Despite computing the gratuity, the Respondent did not pay the Claimant the gratuity save for Kshs 200,000/-, forcing the Claimant to institute these legal proceedings for the balances of the gratuity.
4. In its Response, the Respondent denied the authenticity of the computations and contended that the gratuity due to the Claimant was lower than the Kshs 1,285,200/- (but did not disclose such amount).
5. When the Cause was called out for hearing on 8 October 2019, the Respondent indicated that the parties were negotiating, nevertheless, the Court directed the hearing to proceed after the cause list call over.
6. For unexplained reasons, the Respondent and its advocate were not in Court at 1150am when the Cause was reached.
7. The Claimant testified and filed submissions on 24 October 2019. The Court has considered the pleadings, evidence on record and the submissions.
8. The Claimant’s testimony was not interrogated at all.
9. The Court has no reason at all to doubt the authenticity of the letter dated 22 September 2014 signed by the Respondent’s then Vice-Chancellor setting out the gratuity due to the Claimant and/or the Claimant’s testimony that he was only paid Kshs 200,000/- of the gratuity.
Conclusion and Orders
10. The Court finds and holds that the Respondent owes the Claimant Kshs 1,085,200/- on account of gratuity.
11. The Court enters judgment for the Claimant in the sum of Kshs 1,085,200/- together with interest at court rates from 3 February 2015.
12. The Claimant to have costs.
Delivered, dated and signed in Nairobi on this 1st day of November 2019.
Radido Stephen
Judge
Appearances
For Claimant Ms. Ingati instructed by Eshiwani Ashubwe & Co. Advocates
For Respondent P.M. Kamaara & Associates Advocates (disappeared from Court before the hearing)
Court Assistant Lindsey