[2017] KEELRC 1141 (KLR)
The court found that despite the claim being undefended, the claimant's pleadings and evidence were inconsistent regarding the period for which salary arrears were claimed. While the claim initially sought arrears for 36 or 40 months, the claimant's own witness statement and letter of demand consistently referred to...
Source-derived case information.
- Citation
- [2017] KEELRC 1141 (KLR)
- Parties
- Claimant: Kamau Mwaura; Respondent: Vanga Express Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 521 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim partly allowed.
- Legal Topics
- Salary Arrears, Summary Dismissal, Unpaid Wages, Employment Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamau Mwaura
Claimant
Vanga Express Limited
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to salary arrears for the period claimed.
- 2 Whether the claimant's evidence supports the quantum of arrears sought.
Ratio Decidendi
The court found that despite the claim being undefended, the claimant's pleadings and evidence were inconsistent regarding the period for which salary arrears were claimed. While the claim initially sought arrears for 36 or 40 months, the claimant's own witness statement and letter of demand consistently referred to non-payment for only 8 months (August 2010 to April 2011). Due to these inconsistencies, the court limited the award to 8 months' salary as specifically pleaded and supported by evidence. The court further awarded costs and interest at 14% per annum from the date the claimant left employment until payment in full.
Court Disposition
Claim partly allowed.
Orders
- The respondent shall pay to the claimant 8 months’ salary at KES 120,000.
- Costs to the claimant.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT MOMBASA
CAUSE NUMBER 521 OF 2015
BETWEEN
KAMAU MWAURA ……………….…………………………………………………………. CLAIMANT
VERSUS
VANGA EXPRESS LIMITED …………………..……………………………………… RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Ms. Nyawinda K. Aoko Advocate instructed by Kituo Cha Sheria Advocates for the Claimant
No appearance for the Respondent
_____________________________
JUDGMENT
1. This Claim, filed on 21st July 2015 is undefended. The Claimant was employed by the Respondent Transport Company as a Driver, earning a monthly salary of Kshs. 15,000. He was employed on 6th August 2010. He states he was charged with the offence of dangerous driving on 16th May 2012. He was dismissed after serving a custodial sentence, on 5th December 2013. He claims he was not paid salary for the period of 40 months. The total amount stood at Kshs. 600,000. He was paid Kshs. 60,000, with a balance of Kshs. 540,000 which he claims.
2. There is no response to the Claim.
3. The Claimant gave evidence on 21st February 2017. He told the Court he was jailed for the offence of dangerous driving. He was not paid for 36 months, out of 40 months worked. He was employed on 6th August 2010, and left on 5th December 2013.
The Court Finds:-
4. Although the Claim is undefended, there are certain gaps in the pleadings and evidence of the Claimant, which makes it difficult to accept that he is owed arrears salary of 36 months.
5. He states, in his Witness Statement filed on 21st July 2015 that he was not paid his salary from August 2010, to April 2011.
6. At paragraph 1. 2 of the Statement of Claim, a similar claim is made. He was not paid his salary from August 2010, to April 2011.
7. His letter of demand dated 8th March 2015, also states the Claimant was not paid his salary for August 2010 to April 2011.
8. This is a period of 8 months. It is not consistent with the claim made elsewhere for a period of 36 months. The Claimant was also not clear if he continued driving after being charged with dangerous driving, which he states happened on 16th May 2011.
9. Owing to these inconsistencies, the Court is only able to allow the claim to the extent of 8 months as pleaded.
10. Costs to the Claimant.
11. Interest on the arrears of salary granted at 14% per annum from 5th December 2013 when the Claimant left employment.
IT IS ORDERED:-
a) The Respondent shall pay to the Claimant 8 months’ salary at 120,000
b) Costs to the Claimant.
c) Interest granted on the arrears of salary at 14% per annum from 5th December 2013 when the Claimant left employment, till payment is made in full.
Dated and delivered at Mombasa this 21st day of June 2017
James Rika
Judge