[2019] KEELRC 1853 (KLR)
The court found that the claimant was dismissed without a hearing, entitling him to compensation equivalent to five months' salary for unlawful termination. However, the claim for salaries until retirement was denied as not legally justified. The court determined that the claimant admitted owing the respondent Kshs....
Source-derived case information.
- Citation
- [2019] KEELRC 1853 (KLR)
- Parties
- Claimant: Patrick Kamunya Wambui; Respondent: Wananchi Sacco Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 451 of 2017
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- Partially allowed for both parties; set-off applied; each party to bear own costs.
- Judges
- AN Makau
- Legal Topics
- Unlawful Termination, Compensation for Dismissal, Set Off of Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kamunya Wambui
Claimant
Wananchi Sacco Society Limited
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant was unlawfully dismissed without a hearing.
- 2 Whether the claimant is entitled to compensation for the uncompleted period of service until retirement.
- 3 Whether the sums owed by the claimant should be set off against the sums awarded.
Ratio Decidendi
The court found that the claimant was dismissed without a hearing, entitling him to compensation equivalent to five months' salary for unlawful termination. However, the claim for salaries until retirement was denied as not legally justified. The court determined that the claimant admitted owing the respondent Kshs. 227,126.70, which should be set off against the compensation awarded to him. After the set-off, the claimant was entitled to recover Kshs. 114,114.55. Each party was ordered to bear their own costs as both had partial success in their respective claims.
Court Disposition
Partially allowed for both parties; set-off applied; each party to bear own costs.
Orders
- The claimant is awarded Kshs. 341,241.25 as compensation for unlawful termination.
- The respondent is entitled to set off Kshs. 227,126.70 owed by the claimant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA AT NYERI
CASE NO. 451 OF 2017
PATRICK KAMUNYA WAMBUI..................................CLAIMANT
VERSUS
WANANCHI SACCO SOCIETY LIMITED............RESPONDENT
JUDGMENT
1. The Claimant asserts that he is owed money for the uncompleted period of his service till the age of 60 years and for the manner of dismissal. In the part judgment delivered on 27th February 2019 I found that both parties were entitled to relief on the claim and counterclaim. Parties were unable to agree on some portion of the sums owed and in the final submissions, the Claimant asserts that he admits owing the sum of Kshs. 227,126. 70. He was dismissed without a hearing by the board of the Respondent. For that he would be entitled to 5 months salary as compensation for the unlawful termination. He was not entitled to the recovery of salaries until retirement at the age of 60 years. He thus would be entitled to recover Kshs. 341,241. 25 which sum would have to be set off against the Respondent’s entitlement which is 227,126. 70 after the deduction of the sums owed from the sums held by the Respondent to the credit of the Claimant. He thus is entitled to Kshs. 114,114. 55. As the determination is in favour of each side, each party will bear their own costs.
It is so ordered.
Dated and delivered at Nyeri this 8th day of April 2019
Nzioki wa Makau
JUDGE
I certify that this is atrue copy of the Original
Deputy Registrar