[2017] KEELRC 276 (KLR)
The court found that the respondent, by its own computation and proposal to the Labour Officer, admitted liability for arrear salary in the sum of Kshs.3,041,002. The respondent failed to file any defence or affidavit to controvert the claimants' evidence or the computation. On the basis of this uncontroverted...
Source-derived case information.
- Citation
- [2017] KEELRC 276 (KLR)
- Parties
- Claimant: Naomi Chepkirui Ng’asura and 28 others; Respondent: Karrymart Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 903 of 2017
- Procedural Posture
- Employment Cause / Judgment on Admission; Partial Judgment; Remainder to Formal Proof
- Outcome
- Partial judgment for claimants on admitted sum; remainder to formal proof.
- Judges
- MN Nduma
- Legal Topics
- Breach of Employment Contract, Wrongful Termination, Salary Arrears, Reduction of Salary, Compensation for Unlawful Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naomi Chepkirui Ng’asura and 28 others
Claimant
Karrymart Limited
Respondent
Procedural Posture
Employment Cause / Judgment on Admission; Partial Judgment; Remainder to Formal Proof
Legal Issues
- 1 Whether the respondent breached the claimants' contracts of employment and violated statutory and constitutional provisions.
- 2 Whether the claimants are entitled to compensation for wrongful termination and reduction of salary.
- 3 Whether the respondent admitted liability for arrear salary amounting to Kshs.3,041,002.
Ratio Decidendi
The court found that the respondent, by its own computation and proposal to the Labour Officer, admitted liability for arrear salary in the sum of Kshs.3,041,002. The respondent failed to file any defence or affidavit to controvert the claimants' evidence or the computation. On the basis of this uncontroverted admission, the court granted judgment for the admitted sum. The remainder of the claim, including damages for wrongful termination and reduction of salary, was not admitted and is to proceed to formal proof. The court applied the principle that judgment on admission is appropriate where liability is expressly or impliedly admitted, and that failure to respond to pleadings may result...
Court Disposition
Partial judgment for claimants on admitted sum; remainder to formal proof.
Orders
- Judgment entered for the claimants against the respondent in the sum of Kshs.3,041,002.
- The remainder of the claim to proceed to formal proof.
Full Case Text
Judgment text and source record
56 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 903 OF 2017
1. NAOMI CHEPKIRUI NG’ASURA
2. ISAAC WARUTERE GITONGA
3. FRIDAH MUTELE MUTHIANI
4. KIPTOO AMOS KIPRUTO
5. JUSTUS MUTUKI MBURU
6. DANIEL MAMATI WEKESA
7. GIDEON KIBYEGON BETT
8. CATHERINE NJOKI NGARI
9. SIMON MWANGANGI KILONZO
10. PHYLIS WANJA
11. FRANCIS KARURU KARIUKI
12. CHRISTOPHER MUINDEMUTHUSI
13. ISPHAN NGUGI MUNGAI
14. SHELMITH WANGECHI GITAHI
15. SAMUEL MAHCAIRA WAIGURU
16. SIMON K. MUNGUTI
17. DAPHON WAKUTHII KATHUNBI
18. CATHERINE WAIRIMU KIBERI
19. DAVID GATHOGO MUREITHI
20. JOEL WAMAE KARANJA
21. SAMUEL TOROITICH RUTTO
22. RHODA MAKENA KABURU
23. ESTHER WANJIRU GITUMA
24. JAMES M. NDANI
25. MARY W. WACHIRA
26. IAN KIPLAGAT
27. BENARD ABUYA MOKAYA
28. PETER THING’O NJUGIRIA
29. SARAH WANJIRU………………………………CLAIMANTS
VERSUS
KARRYMART LIMITED…….……...…..........…….RESPONDENT
Mr. Kuloba for claimants
Mr. Wathuta for respondents
JUDGMENT
1. The claimants by a statement of claim dated 9th May 2017 seek the following orders:-
a) A declaration that the respondent has breached contracts of employment of the claimants and has violated provisions of the Employment Act, the Fair Administrative Actions Act, and Articles 41 and 47 of the Constitution of Kenya, 2010.
b) Compensation to each of the claimants as particularized under paragraph 13 and in the Annexure 1 attached to this statement of claim.
c) Damages for wrongful termination equivalent of 6 months’ salary for each claimant to be assessed by the court.
d) Damages for the wrongful reduction in salaries of the claimants on 1st August 2016.
e) Certificate of service to be issued forthwith to each claimant.
f) Costs of suit and interests.
2. No liquated amount is sought in the pleadings.
3. The claimant subsequently filed a notice of motion application dated 16th May 2017 seeking judgment on admission in the sum of Kshs.3,041,002/= be paid to the claimants in accordance with the calculations in annexure 2 attached to the statement of claim being computation of arrear salary by the respondent.
4. The statement of claim and summons to enter appearance were served on the respondent. The respondent appointed Kiragu Wathuta company advocates who filed notice of appointment on 17th July 2017.
5. To date, the respondents have not filed any statement of defence to the claim, notwithstanding that, Mr. Wathuta appeared before court on 24th July 2017 and was granted 21 days within which to file a replying affidavit to this application. None was filed even at the time the application was argued by both counsel on 18th September 2017.
6. The court relies on the uncontroverted supporting affidavit of Naomi Chepkirui Ng’asura to find that the respondent proposed to the Labour Officer to pay to the claimants a sum of Kshs.3,041,002/= by instalments from April 2017. The sum is contained in a computation by the respondent annexed to the statement of claim and marked annexure 2.
7. The court finds that the claim is partly admitted to the extent of Kshs.3,041,002/= and grants judgment to the claimants as against the respondent accordingly.
8. The rest of the claim to proceed to formal proof on a date to be fixed by court.
9. Costs in the cause.
Dated, Signed and Delivered on this 24th Day of November 2017
MATHEWS NDERI NDUMA
JUDGE