[2017] KEELRC 1309 (KLR)
The court found that the claimant had proved his case on a balance of probabilities, as the respondent failed to file any response or contest the claim. The evidence showed the claimant was employed as a caretaker and record keeper, entitled to a 10% commission on rent collected, and that he was owed the claimed...
Source-derived case information.
- Citation
- [2017] KEELRC 1309 (KLR)
- Parties
- Applicant: Peter Kennedy Omondi; Respondent: Charles New Nyamote
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2373 of 2012
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Legal Topics
- Unpaid Wages, Termination Without Notice, Commission Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kennedy Omondi
Applicant
Charles New Nyamote
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to unpaid dues and commissions as claimed.
- 2 Whether the respondent unlawfully terminated the claimant's employment without paying terminal dues.
Ratio Decidendi
The court found that the claimant had proved his case on a balance of probabilities, as the respondent failed to file any response or contest the claim. The evidence showed the claimant was employed as a caretaker and record keeper, entitled to a 10% commission on rent collected, and that he was owed the claimed sums at the time of his termination. The court held that the claimant was entitled to the unpaid dues, interest at court rates from the date of filing, and costs, as the claim was unopposed and substantiated by the claimant's testimony and documentation.
Court Disposition
judgment for the claimant
Orders
- The respondent shall pay the claimant Kshs.865,825.
- Interest at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 2373 OF 2012
PETER KENNEDY OMONDI...........................CLAIMANT
VERSUS
CHARLES NEW NYAMOTE.....................RESPONDENT
Mr. Ogwe for the claimant
JUDGMENT
1. In the statement of claim filed on 23rd November 2012, the claimant seeks payment of terminal dues tabulated as
(a) Unpaid dues on rent collected Kshs.807,992/=.
(b) Unpaid dues on rent arrears collected Kshs.57,833/=.
Total claim Kshs.865,825/=.
2. The claimant testified under oath in support of particulars of claim to the effect that he was employed by the respondent in September 2008 and worked continuously until March 2012.
3. That he served with loyalty and diligently. That on or about September 2012, the respondent verbally terminated the employment of the claimant and refused to pay his terminal dues set out in the claim.
4. He worked as a caretaker and record keeper and was to be paid 10% commission on monthly rent collected by him.
5. He took care of 15 bedroom units at Satellite, Riruta at Nairobi. He worked for four years and at the time of termination, he was owed the arrears stated in the statement of claim.
6. He prays the amount be allowed with interest and costs.
7. The respondent did not file any response and the suit is therefore undefended. The respondent was served on 14th December 2012 by Benjamin Mutua, a duly authorized process server at his school namely St. Charles Mutegi Educational Centre along Lenana – Mutuine road off Ngong road.
8. The claim has been proved on a balance of probability and the court enters judgment in favour of the claimant for;
(a) Kshs.865,825/=.
(b) Interest at court rates from date of filing suit till payment in full.
(c) Costs to follow the outcome.
Dated and Delivered at Nairobi this 19th day of May 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE