[2016] KEELRC 852 (KLR)
The court found that the respondent, having failed to file a defence or appear, is deemed to have admitted the liquidated claim. The claimant's evidence was uncontroverted, and the claims for salary arrears, transport reimbursement, annual leave, off-days, and pension deductions were supported by the pleadings and...
Source-derived case information.
- Citation
- [2016] KEELRC 852 (KLR)
- Parties
- Claimant: Julius Gicheru Njoroge; Respondent: Sky Shephard Security Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 112 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Unpaid Wages, Employment Contracts, Statutory Deductions, Leave Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Gicheru Njoroge
Claimant
Sky Shephard Security Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to unpaid salary arrears due to underpayment as per wage orders.
- 2 Whether the claimant is entitled to transport reimbursement, annual leave pay, off-days compensation, and pension deductions.
- 3 Whether the respondent's failure to respond or appear amounts to admission of the claim.
Ratio Decidendi
The court found that the respondent, having failed to file a defence or appear, is deemed to have admitted the liquidated claim. The claimant's evidence was uncontroverted, and the claims for salary arrears, transport reimbursement, annual leave, off-days, and pension deductions were supported by the pleadings and documents on record. The court awarded the claimant the amounts as prayed for, holding the respondent liable for the total sum claimed, interest at court rates from the date of suit if not paid by the stipulated date, and costs of the suit.
Court Disposition
Judgment for the claimant.
Orders
- The respondent to pay the claimant Kshs. 541,262.00 by 01.10.2016, failing which interest at court rates shall be payable from 03.07.2015.
- The respondent to pay the claimant's costs of the suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 112 OF 2015
JULIUS GICHERU NJOROGE..................................... CLAIMANT
-VERSUS-
SKY SHEPHARD SECURITY LTD...................... RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 29th July, 2016)
JUDGMENT
The claimant filed the memorandum of claim on 03. 07. 2015 through Gori, Ombongi & Company Advocates. The claimant prayed for judgment against the claimant for a sum of Kshs. 532, 062. 00 being transport reimbursement Kshs.180,000. 00; 21 days’ annual leave for 10 years Kshs. 33, 600. 00; four off-days per month at 160/= per day for 10 years Kshs. 76, 800. 00; pension deductions Kshs.6,000. 00; and salary arrears Kshs.235, 662. 00.
Despite service of the notice of summons, the memorandum of claim, the mention notices and the hearing notice, the respondent failed to enter appearance, to file a response and to attend court at the hearing.
The claimant opted to rely on the pleadings and documents on record. The claimant’s case is that he was orally employed by the respondent by an oral agreement in 2004. The claimant’s monthly salary was Kshs.4, 800. 00. The claimant worked for the respondent for 10 years and then he applied to retire sometimes in March 2014. The salary arrears arose due to underpayments in view of the prevailing wage orders.
The respondent did not file a defence and is deemed to have admitted the liquidated claim and the court awards the claimant as prayed for.
In conclusion, judgment is hereby entered for the claimant against the respondent for:
1. The respondent to pay the claimant Kshs.541, 262. 00 by 01. 10. 2016 failing interest at court rates to be payable thereon from the date of the suit, 03. 07. 2015.
2. The respondent to pay the claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 29th July, 2016.
BYRAM ONGAYA
JUDGE