[2013] KEELRC 966 (KLR)
The court found that the claimant had established his case on a balance of probability, and in the absence of a defence, the respondent was deemed to have admitted the claims. The claimant was therefore entitled to the amounts claimed for pay in lieu of notice, leave not taken, underpayment, unpaid house allowance,...
Source-derived case information.
- Citation
- [2013] KEELRC 966 (KLR)
- Parties
- Claimant: Jimmy Cheruiyot Kimeto; Respondent: Modern Security Holdings Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 248 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Wages and Remuneration, Notice Pay, Leave Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jimmy Cheruiyot Kimeto
Claimant
Modern Security Holdings Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant was unfairly terminated from employment.
- 2 Whether the claimant is entitled to payment for leave due and not taken, underpayment, unpaid house allowance, unpaid wages, compensation for unfair termination, pay for public holidays worked, and costs.
Ratio Decidendi
The court found that the claimant had established his case on a balance of probability, and in the absence of a defence, the respondent was deemed to have admitted the claims. The claimant was therefore entitled to the amounts claimed for pay in lieu of notice, leave not taken, underpayment, unpaid house allowance, unpaid wages, compensation for unfair termination, pay for public holidays worked, and costs. Judgment was entered for the claimant for the total sum claimed plus interest at court rates from the date of judgment until full payment.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.280,528.60 plus interest at court rates from the date of judgment until full payment.
- The respondent shall pay the claimant costs of the case fixed at Kshs.20,000.00.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 248 OF 2013
JIMMY CHERUIYOT KIMETO.....................................CLAIMANT
-VERSUS-
MODERN SECURITY HOLDINGS LIMITED........RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 20th December, 2013)
JUDGMENT
The Claimant is Jimmy Cheruiyot Kimeto and the respondent is Modern Security Holdings Limited. The claimant filed the memorandum of claim on 08. 08. 2013. The claimant prayed for Kshs.260,528. 60 as set out in the memorandum of claim and on account of pay in lieu of termination notice; pay for leave due and not taken; pay for underpayment and unpaid house allowance; due and unpaid wages; 3 months compensation for unfair termination; pay for 8 public holidays worked and not paid; and costs.
The respondent was served with the summons but did not enter appearance or file a memorandum of defence.
The claimant opted to rely on the documents on record.
The court has considered the memorandum of claim; the claimant’s affidavit sworn on 8. 08. 2013; the verifying affidavit; and the documents filed and find that the claimant has established his case against the respondent on a balance of probability. Further, in absence of a memorandum of response, the respondent is deemed to have admitted all the claims made in the memorandum of claim. The court further finds that the claimant is entitled to the costs of the case fixed at Kshs.20,000. 00.
Accordingly, judgment is entered for the claimant against the respondent for the respondent to pay the claimant Kshs.280,528. 60 plus interest at court rates from the date of the judgment till full payment.
Signed, datedanddeliveredin court atNakuruthisFriday, 20th December, 2013.
BYRAM ONGAYA
JUDGE