[2020] KEELRC 1820 (KLR)
The court found that the claimant had proved, on a balance of probabilities, that she was not paid salary for the period November 2008 to October 2010 and was entitled to arrear salary of Kshs. 2,312,873. The respondent failed to adduce any evidence to rebut the claimant's testimony. However, the claimant did not...
Source-derived case information.
- Citation
- [2020] KEELRC 1820 (KLR)
- Parties
- Applicant: Phanice Nekesa Wangwe; Respondent: Kenya National Union of Teachers (KNUT)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 2018
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- judgment for the claimant in part
- Judges
- MN Nduma
- Legal Topics
- Salary Arrears, Unlawful Termination, Burden of Proof, Remedies for Unpaid Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Phanice Nekesa Wangwe
Applicant
Kenya National Union of Teachers (KNUT)
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the claimant was entitled to arrear salary for the period November 2008 to October 2010.
- 2 Whether the termination of the claimant's employment was unlawful and unfair.
- 3 Whether the claimant is entitled to general damages for unlawful termination.
Ratio Decidendi
The court found that the claimant had proved, on a balance of probabilities, that she was not paid salary for the period November 2008 to October 2010 and was entitled to arrear salary of Kshs. 2,312,873. The respondent failed to adduce any evidence to rebut the claimant's testimony. However, the claimant did not sufficiently prove that her termination was unlawful or unfair, and thus the claim for general damages was rejected. Judgment was entered for the claimant for the arrear salary, with interest and costs.
Court Disposition
judgment for the claimant in part
Orders
- The respondent shall pay the claimant Kshs. 2,312,873 as arrear salary.
- The award is payable with interest at court rates from the date of filing suit until payment in full.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT BUNGOMA
MISC. NO. 2 OF 2018
[Formerly Bungoma High Court Misc. NO. 13 of 2016]
PHANICE NEKESA WANGWE....................................................................CLAIMANT
VERSUS
KENYA NATIONAL UNION OF TEACHERS (KNUT).......................RESPONDENT
JUDGMENT
1. The claimant was employed by the respondent from 1986 up to the year 2008 as a secretary at the Bungoma Branch Office. The claimant earned Kshs. 65,970 per month.
2. As from June 2008, up to October 2010 the claimant was transferred to Bungoma South office following sub-division. The claimant was not paid any salary by the Bungoma South Office between 2008 to 2010. The claimant reported the matter to the National head office who directed the Bungoma South Branch to pay the claimant. The claimant was not paid and instead received a letter of termination.
3. The claimant submitted documents in support of her claim including a complaint dated 23rd April 2019 to the secretary General, KNUT for the unpaid salary from November 2008. By then she had not received six (6) months salary.
4. The suit was filed on 19th January 2011 at Bungoma High Court and was subsequently transferred to this court. The claimant prays for payment of Kshs. 2,312,873 being arrear salary and general damages for unlawful termination of employment.
5. The respondent did not call any witness to rebut the sworn testimony by the claimant. The respondent however cross examined the claimant and closed the defence case without tendering any evidence in rebuttal.
6. The claimant has proved the particulars of claim on a balance of probabilities that she was not paid salary for the period November 2008 up to 27th October 2010 when her employment was terminated.
7. The court finds that the claim for arrear salary in the sum of Kshs. 2,312. 873 owed to the claimant by the respondent has been proved on a balance of probabilities. The court awards the claimant accordingly.
8. However, the claimant has failed to sufficiently prove that the termination of her employment was unlawful and unfair. The claim for award of general damages is thus rejected by the court.
9. Judgment is entered in favour of the claimant against the respondent for a sum of Kshs. 2,312,873 being unpaid arrear salary. The award is payable with interest at court rates from date of filing suit till payment in full. The respondent to pay costs of the suit.
Judgment Dated, Signed and delivered this 29th day of January, 2020
Mathews N. Nduma
Judge
Appearances
Claimant in person.
M/S Wakholi for Respondent.
Chrispo – Court clerk.