[2018] KEELRC 2439 (KLR)
The court found that the claimant had proved, on a balance of probabilities, that he performed chaplaincy and counselling duties as required by his employment contract and was entitled to the agreed allowance. The respondent, having been served and failing to respond or defend the suit, did not contest the claim....
Source-derived case information.
- Citation
- [2018] KEELRC 2439 (KLR)
- Parties
- Claimant: Moses Oloo Miseh; Respondent: Migori County Assembly
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 373 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- MN Nduma
- Legal Topics
- Employment Contracts, Unpaid Allowances, Remedies for Breach, Proof of Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Oloo Miseh
Claimant
Migori County Assembly
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment for chaplaincy and counselling services rendered to the respondent.
- 2 Whether the respondent breached the employment contract by failing to pay the agreed allowances.
- 3 Whether the claimant has proved his claim on a balance of probabilities.
Ratio Decidendi
The court found that the claimant had proved, on a balance of probabilities, that he performed chaplaincy and counselling duties as required by his employment contract and was entitled to the agreed allowance. The respondent, having been served and failing to respond or defend the suit, did not contest the claim. The documentary evidence produced by the claimant, including the contract renewal and records of service, substantiated the claim for unpaid allowances. Accordingly, judgment was entered in favour of the claimant for the full amount claimed, together with costs.
Court Disposition
judgment for the claimant
Orders
- Judgment entered in favour of the claimant for Kshs.2,155,479 against the respondent.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 373 OF 2017
(Before Hon. Justice Mathews N. Nduma)
MOSES OLOO MISEH..................................CLAIMANT
VERSUS
MIGORI COUNTY ASSEMBLY..............RESPONDENT
J U D G M E N T
1. The Claimant was employed as administrative assistant by the Respondent. His employment was renewed for three (3) years by a contract of renewal dated 18th May, 2016 and produced as exhibit 1 in court. In terms thereof he had a gross monthly salary of Kshs.73,110.
2. In addition, the Claimant was obliged to perform chaplaincy and counseling duties to the employees of the County Assembly and was to be paid equivalent of ¼ per diem on his scale upon providing this service every morning and would sign a register indicating that he had provided the services to enable payment.
3. The Claimant performed the duties continuously from 4th January, 2015 until 19th June, 2017.
4. The Claimant was not paid for the chaplaincy and counselling services inspite of continued demand to be paid made to the Clerk and Speaker of the County Assembly.
5. The Claimant is seeking payment of Kshs.2,155,479 unpaid allowance.
6. The Claimant’s advocate wrote a letter of demand which was ignored by the Respondent hence this suit.
7. The Respondent was served with the statement of claim, receipt of which is acknowledged in a letter by the Clerk to the Assembly dated 21st September, 2017 written to the Claimant.
8. The Respondent failed to enter appearance nor file a defence to the suit.
9. The Claimant testified under oath and has formally proved the claim made on a balance of probabilities. The documentation produced, being exhibits 1 to 8 are in support of the claim.
10. Judgment is therefore entered in favour of the Claimant in the sum of Kshs.2,155,479 as against the Respondent. The Respondent to also pay costs of the suit.
11. The award be paid within 30 days.
Dated and Signed in Kisumu this 22nd day of February, 2018
Mathews N. Nduma
Judge
Appearances
Nyamwea & Co. Advocates for Claimant
Chrispo – Court Clerk