[2012] KEELRC 113 (KLR)
The court found that the claimant's case was unopposed as the respondent failed to file a response or submissions despite being ordered to do so. The court accepted the claimant's evidence and submissions as uncontroverted and established that the claimant was entitled to terminal dues for untaken leave pay for the...
Source-derived case information.
- Citation
- [2012] KEELRC 113 (KLR)
- Parties
- Applicant: Mwingi Mitika; Respondent: Inter Security Services Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 744 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Terminal Benefits, Untaken Leave Pay, Costs of Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwingi Mitika
Applicant
Inter Security Services Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to terminal dues for untaken leave pay for 11 years worked.
- 2 Whether the respondent's failure to respond or file submissions affects the outcome.
- 3 Whether the claimant is entitled to costs and interest.
Ratio Decidendi
The court found that the claimant's case was unopposed as the respondent failed to file a response or submissions despite being ordered to do so. The court accepted the claimant's evidence and submissions as uncontroverted and established that the claimant was entitled to terminal dues for untaken leave pay for the period worked. The court awarded the claimed sum of Ksh.136,679 plus interest and costs, as prayed by the claimant.
Court Disposition
Judgment for the claimant.
Orders
- Payment of terminal dues of Ksh.136,679 plus interest at court rates from the date of judgment until full payment.
- Payment of costs of the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
Industrial Court of Kenya
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MWINGI MITIKA ……………….................................................... CLAIMANT/APPLICANT
VERSUS
INTER SECURITY SERVICES LTD……………………....………..………RESPONDENT
(Before Hon. Justice Byram Ongaya on 22nd October, 2012)
JUDGMENT
The Claimant Mwingi Mitika filed the Memorandum of Claim on 16th March, 2011 through E.K. Mutua & Company Advocates. The Claimant is praying for judgment against the Respondent for Ksh.63, 756. 00 being untaken leave pay for 11 years worked, costs of the Cause and interest.
The Respondent has not filed a response to the memorandum of claim. On 25th April, 2012 the court ordered the parties to file written submissions. The Claimant filed written submissions on 2nd May, 2012 and the Respondent did not comply with the court order.
The claimant filed an amended memorandum of claim dated 10th October, 2011, praying for Ksh.136,679/= for terminal benefits.
The court has taken into account the pleadings and documents filed for the claimant together with Counsel’s written submissions. The Respondent has not opposed the claim.
Accordingly, judgment is entered for the claimant against the Respondent for:
(a)payment of terminal dues of Ksh.136,679 plus interest at court rates from the date of this judgment till full payment;
(b)payment of costs of the cause.
Signed, dated and delivered this 22nd day of October, 2012 in the absence of both parties.
BYRAM ONGAYA
JUDGE