[2017] KEELRC 194 (KLR)
The court found that the claimant had been duly appointed as a part-time lecturer, had performed the services, and had submitted claims that were approved by the respondent. The respondent did not contest the claim or provide any evidence to the contrary. Based on the documentary evidence and the absence of a...
Source-derived case information.
- Citation
- [2017] KEELRC 194 (KLR)
- Parties
- Claimant: Richard Wambugu Kiminda; Respondent: Dedan Kimathi University of Technology
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 172 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant.
- Judges
- B Ongaya
- Legal Topics
- Unpaid Wages, Specific Performance, Employment Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Wambugu Kiminda
Claimant
Dedan Kimathi University of Technology
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment for services rendered as a part-time lecturer.
- 2 Whether the respondent is liable to pay the claimed sum for unpaid dues.
Ratio Decidendi
The court found that the claimant had been duly appointed as a part-time lecturer, had performed the services, and had submitted claims that were approved by the respondent. The respondent did not contest the claim or provide any evidence to the contrary. Based on the documentary evidence and the absence of a defence, the court held that the claimant was entitled to the sum claimed for unpaid wages. The court further ordered payment by a specified date, failing which interest would accrue at court rates, and awarded costs to the claimant.
Court Disposition
Judgment for the claimant.
Orders
- The respondent shall pay the claimant Kshs.1,359,250.00 by 01.02.2018, failing which interest at court rates shall accrue from the date of suit until full payment.
- The respondent shall pay the claimant's costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 172 OF 2017
RICHARD WAMBUGU KIMINDA...................................................CLAIMANT
VERSUS
DEDAN KIMATHI UNIVERSITY OF TECHNOLOGY...............RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 15th December, 2017)
JUDGMENT
The claimant filed the memorandum of claim on 04. 05. 2017 through Gori, Ombongi & Company Advocates. The claimant prayed for judgment against the respondent for:
a) An order for specific performance compelling the respondent to pay the claimant his unpaid dues amounting to Kenya Shillings One Million, Three Hundred and Fifty Nine Thousand, Two Hundred and Fifty (Kshs.1,359,250. 00).
b) Interest on (a) above at court rates.
The respondent filed the memorandum of appearance on 12. 05. 2017 through Wahome Gikonyo & Company Advocates but did not file a response. The claimant opted to rely on pleadings and the documents on record.
The respondent appointed the claimant to a part-time teaching job at the respondent’s School of Business Management and Economics as per the letters of appointment on semester basis and as filed for the claimant.
The claimant then completed the relevant part-time lecturers’ claim form with respect to claims for pay for his services as appointed and performed. The claims were duly approved by the respondent. The claim is for the sum of Kshs.1,359,250 being pay for the services rendered and not paid. The court has considered the documentary evidence on record and returns that the claimant is entitled as prayed for.
In conclusion, judgment is hereby entered for the claimant against the respondent for:
a) Payment of Kshs.1,359,250. 00 by 01. 02. 2018 failing interest at court rates is paid thereon from the date of the suit till full payment.
b) The respondent to pay the claimant’s costs of the suit.
Signed, datedanddeliveredin court atNyerithisFriday, 15th December, 2017.
BYRAM ONGAYA
JUDGE