[2021] KEELRC 560 (KLR)
The court found that the respondent's persistent failure to participate in the proceedings, including not cross-examining the claimant, not presenting any evidence, and not filing submissions, left the claimant's case unchallenged. Consequently, there was no basis to interfere with the earlier judgment delivered on...
Source-derived case information.
- Citation
- [2021] KEELRC 560 (KLR)
- Parties
- Claimant: Joseph Gachoka; Respondent: Kisiwa Guest House Lodge Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 806 of 2016
- Procedural Posture
- Employment Cause / Judgment After Reinstatement of Earlier Judgment Due to Respondent's Non Compliance
- Outcome
- Judgment for the claimant; original judgment reinstated in full.
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Compensation for Termination, Notice Pay, Annual Leave Entitlement, Service Pay, Costs and Interest
- 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
Joseph Gachoka
Claimant
Kisiwa Guest House Lodge Limited
Respondent
Procedural Posture
Employment Cause / Judgment After Reinstatement of Earlier Judgment Due to Respondent's Non Compliance
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair.
- 2 Whether the claimant is entitled to compensation for unfair termination, notice pay, annual leave, service pay, costs, and interest.
- 3 Whether the respondent's failure to participate in proceedings warrants reinstatement of the earlier judgment.
Ratio Decidendi
The court found that the respondent's persistent failure to participate in the proceedings, including not cross-examining the claimant, not presenting any evidence, and not filing submissions, left the claimant's case unchallenged. Consequently, there was no basis to interfere with the earlier judgment delivered on 31 January 2020, which had found the termination unfair and awarded the claimant compensation. The court reinstated the original judgment in its entirety, ordering the respondent to pay the specified sums for unfair termination, notice, annual leave, service pay, costs, and interest, and to issue a certificate of service.
Court Disposition
Judgment for the claimant; original judgment reinstated in full.
Orders
- The judgment delivered on 31.01.2020 is reinstated entirely.
- Termination was unfair.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT MOMBASA
CAUSE NO. 806 OF 2016
JOSEPH GACHOKA................................................................CLAIMANT
- VERSUS -
KISIWA GUEST HOUSE LODGE LIMITED.................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 5th November, 2021)
JUDGMENT
The Court made a ruling in the case on 12. 03. 2021 and ordered:
1) That the ex-parte judgment entered herein on 31. 01. 2020 against the respondent or applicant and all consequential orders and proceedings thereto is hereby set aside and the matter be heard on merit on a date to be fixed on priority basis.
2) That the applicant to pay the claimant’s costs of the application in any event.
On 12. 03. 2021 the Court ordered by consent:
1) Case to resume hearing at the stage of cross-examination of the claimant’s witness.
2) Case allocated 30 minutes for hearing on 16. 06. 2021 at 9. 00am or soon thereafter.
On 16. 06. 2021 the respondent and respondent’s counsel did not attend Court while the claimant’s counsel and witness were present. The Court ordered:
1) As the respondent’s counsel is absent, the respondent’s case is closed subject to final submissions.
2) The claimant to file and serve submissions by 09. 07. 2021 and the respondent by 30. 07. 2021.
3) Mention notice be served for 12. 10. 2021 at 9. 00am for directions on judgment.
On 12. 10. 2021 the claimant’s counsel had complied but the respondent’s counsel who was present had not complied and the Court gave the respondent the last chance to file submissions by mention on 27. 10. 2021. The respondent had not complied on 27. 10. 2021 and respondent’s counsel was absent. The Court fixed judgment for 05. 11. 2021.
In view of the respondent’s failure to cross-examine the claimant, failure to present a witness and failure to file final submissions, the Court finds that nothing has changed to warrant interference with the judgment on merits as delivered by Rika J on 31. 01. 2020. The judgment is hereby reinstated entirely. The respondent will pay costs of the entire proceedings.
In conclusion the suit is determined with orders:
1) The Judgment by Rika J herein delivered on 31. 01. 2020 is hereby reinstated entirely thus:
a) Termination was unfair.
b) The respondent shall pay to the claimant: compensation for unfair termination, equivalent of claimant’s 12 months’ salary at Kshs.180, 000; notice at Kshs. 15, 000, 000; annual leave at Kshs. 48, 462; and service at Kshs.3, 750 – total Kshs.247, 212.
c) Certificate of service to issue.
d) Costs to the claimant.
e) Interest granted at 16% per annum from the date of judgment till payment is made in full.
2) For avoidance of doubt the respondent to pay the claimant’s costs of entire proceedings.
SIGNED, DATED AND DELIVERED BY VIDEO-LINK AND IN COURT AT MOMBASA THIS FRIDAY 5TH NOVEMBER, 2021.
BYRAM ONGAYA
JUDGE