[2025] KEELRC 569 (KLR)
The court found that the Claimant had established his claim on a balance of probabilities, as the Respondent failed to enter appearance or file a defense, and did not rebut the Claimant's evidence. The Claimant's testimony, supported by documentary evidence, established that he was employed by the Respondent and was...
Source-derived case information.
- Citation
- [2025] KEELRC 569 (KLR)
- Parties
- Applicant: Conrad Mokua Karori; Respondent: Mediheal Hospital Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E373 of 2024
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- Judgment for the Claimant.
- Judges
- BOM Manani
- Legal Topics
- Unpaid Wages, Employment Termination, Salary Arrears
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Conrad Mokua Karori
Applicant
Mediheal Hospital Limited
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the Respondent failed to pay the Claimant salary for the period September 2023 to January 2024.
- 2 Whether the Claimant is entitled to recover the claimed salary arrears from the Respondent.
Ratio Decidendi
The court found that the Claimant had established his claim on a balance of probabilities, as the Respondent failed to enter appearance or file a defense, and did not rebut the Claimant's evidence. The Claimant's testimony, supported by documentary evidence, established that he was employed by the Respondent and was not paid salary for the period in question. The court concluded that the Claimant was entitled to the claimed salary arrears, less the amount already advanced, and awarded judgment accordingly.
Court Disposition
Judgment for the Claimant.
Orders
- The Respondent shall pay the Claimant the principal sum of Ksh. 510,000.00.
- Interest on the principal sum at court rates from the date of judgment.
Full Case Text
Judgment text and source record
21 paragraphs
Karori v Mediheal Hospital Limited (Cause E373 of 2024) [2025] KEELRC 569 (KLR) (27 February 2025) (Judgment)
Neutral citation: [2025] KEELRC 569 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E373 of 2024
BOM Manani, J
February 27, 2025
Between
Conrad Mokua Karori
Claimant
and
Mediheal Hospital Limited
Respondent
Judgment
1. The Claimant instituted these proceedings to recover unpaid salary from the Respondent. He contends that the Respondent employed him as a Laboratory Technologist at its Nairobi branch. It is his case that he served the Respondent in the aforesaid position until end of January 2024 when the Respondent laid him off with a promise that he will be informed when to resume duty.
2. The Claimant avers that between September 2023 and January 2024 when his services were halted, the Respondent owed him Ksh. 550,000. 00 in salary arears. He avers that efforts to have the Respondent pay him this amount have proved futile prompting him to institute the instant suit in a bid to recover the money.
3. The record shows that the Respondent was served with Summons to Enter Appearance on 29th May 2024. Despite this, it (the Respondent) did not enter appearance in the cause or file defense. As such, the matter proceeded to trial by way of formal proof.
4. The Claimant testified on oath on 28th January 2025. He reiterated the averments in the Statement of Claim. He contended that the Respondent did not pay him salary for the period running between September 2023 and 31st January 2024. He stated that his monthly salary was Ksh. 110,000. 00 and that the Respondent had not paid him for the five months aforesaid. As such, the amount due to him was Ksh. 550,000. 00 less Ksh. 40,000. 00 which the Respondent paid him in form of salary advance.
5. I note that the Claimant testified on oath to the effect that he was an employee of the Respondent and that the Respondent did not remunerate him for the period under review. I further note that the Claimant’s case was not controverted by the Respondent, the latter having failed to enter appearance and file a defense to the cause after it was served with the court processes.
6. The Respondent having failed to rebut the Claimant’s case, I arrive at the conclusion that the Claimant has established his claim on a balance of probabilities. In the premises I enter judgment for him (the Claimant) for the following:-a.The principal sum of Ksh. 510,000. 00. b.Interest on the aforesaid sum at court rates from the date of this judgment.c.Costs of the suit.
DATED, SIGNED AND DELIVERED ON THE 27TH DAY OF FEBRUARY, 2025. B. O. M. MANANIJUDGEIn the presence of:………………for the Claimant………………for the RespondentOrderIn light of the directions issued on 12th July 2022 by her Ladyship, the Chief Justice with respect to online court proceedings, this decision has been delivered to the parties online with their consent, the parties having waived compliance with Rule 28 (3) of the ELRC Procedure Rules which requires that all judgments and rulings shall be dated, signed and delivered in the open court.B. O. M MANANI