[2018] KEELRC 1241 (KLR)
The court found that the claimant's terminal benefits were agreed upon by both parties at Kshs.543,835, and the respondent made a partial payment of Kshs.100,000 but defaulted on the balance. The respondent did not contest the claim or provide any justification for non-payment. The court held that the claimant had...
Source-derived case information.
- Citation
- [2018] KEELRC 1241 (KLR)
- Parties
- Claimant: Patricia Nangami Masinde; Respondent: Timothy Muriuki – Chairman, Wachira Njuguna – Vice Chairman, Robert Foulser – Treasurer, Lucas Gimona – Ag. CEO (sued as the officials) Nairobi Central Business District Association
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1463 of 2010
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- AN Makau
- Legal Topics
- Terminal Benefits, Breach of Settlement Agreement, Uncontested Claim, Interest on Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patricia Nangami Masinde
Claimant
Timothy Muriuki – Chairman, Wachira Njuguna – Vice Chairman, Robert Foulser – Treasurer, Lucas Gimona – Ag. CEO (sued as the officials) Nairobi Central Business District Association
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to the outstanding balance of terminal dues as agreed upon after termination.
- 2 Whether the respondent breached the settlement agreement by failing to pay the balance of terminal benefits.
- 3 Whether the claimant is entitled to interest and costs.
Ratio Decidendi
The court found that the claimant's terminal benefits were agreed upon by both parties at Kshs.543,835, and the respondent made a partial payment of Kshs.100,000 but defaulted on the balance. The respondent did not contest the claim or provide any justification for non-payment. The court held that the claimant had proved her case on a balance of probabilities and was entitled to the outstanding sum, interest, and costs. The judgment was entered for the claimant for the outstanding balance of Kshs.443,835 plus interest at court rates from the date of filing suit until payment in full.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.443,835 as the outstanding balance of terminal dues.
- The respondent shall pay interest at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1463 OF 2010
PATRICIA NANGAMI MASINDE.........................................................CLAIMANT
VERSUS
TIMOTHY MURIUKI – CHAIRMAN WACHIRA NJUGUNA –
VICE CHAIRMAN ROBERT FOULSER – TREASURER LUCAS GIMONA–
AG. CEO(SUED AS THE OFFICIALS)
NAIROBI CENTRAL BUSINESS DISTRICT ASSOCIATION....RESPONDENT
JUDGMENT
Introduction
1. The claimant was employed by the respondent on 4. 5.2002 as an Administrative Assistant earning Kshs.20,000 per month. He worked until 1. 12. 2009 when he was terminated for alleged gross misconduct.
2. After the termination, his terminal benefits were tabulated and agreed at Kshs.543,835 on 17. 3.2010. It was further agreed that the respondent would pay Kshs.100,000 to the claimant before 15. 4.2010 and settle the balance by installments of Kshs.50,000 per month.
3. On 27. 4.2010, the respondent paid Kshs.100,000 only and never paid the balance despite demand through counsel. As a result the claimant brought this suit on 3. 12. 2010 claiming the outstanding balance of his said terminal dues amounting to Kshs.443,835 plus interest from 15. 5.2010 until payment in full. He also prayed for costs of the suit.
4. Despite service of summons and the claim pleadings, the respondent never filed any defence. The suit was fixed for hearing on 5. 3.2018 but the claimant sought and obtained directions that oral evidence be dispensed with and instead the matter be decided on the basis of the record.
5. After careful consideration of the uncontested pleadings and the correspondences between the parties herein, it is clear that the sum claimed herein was not disputed. The court has specifically considered the letter dated 1. 3.2010 by the respondent to the claimant referring to several meeting wherein, the claimant’s terminal benefits were discussed and agreed at Kshs.543,835. The letter further offered to pay a down payment of Kshs.100,000 before 15. 4.2010 and clear the balance by installments of Kshs.50,000 per month. The respondent partly honored the agreement by paying the down payment of Kshs.100,000 on 27. 4.2010 but thereafter breached the the same by defaulting on the balance. The balance is still outstanding to date and no justifiable reason has been cited for the continued breach. Consequently, I find and hold that the claimant has proved on a balance of probability that he is entitled to the outstanding balance of his terminal dues of Kshs.443,836 as prayed in his suit.
Conclusion and Disposition
6. For the reasons stated herein above, I enter judgment for the claimant in the sum of Kshs.443,835 plus costs and interest at Court rate from the date of filing suit till payment in full.
Dated, Signed and Delivered in Open Court at Nairobi this 17thday of August, 2018
ONESMUS N. MAKAU
JUDGE