[2019] KEELRC 1511 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO 869 OF 2015

ROGERS OMOSA MATUNDURA......................................1ST CLAIMANT

RUTH SARANGE MAGANGI...........................................2ND CLAIMANT

JOSHUA MUTHAMA KYALO..........................................3RD CLAIMANT

JARED MARANGA AISUGA...........................................4TH CLAIMANT

SHILAH KWAMBOKA MALWA......................................5TH CLAIMANT

GEDEON MWANGI............................................................6TH CLAIMANT

ELIZABETH NDUNGE MUTUA......................................7TH CLAIMANT

ELIZABETH MUTHINJI NJUGUNA.............................8TH CLAIMANT

JOHN JUMA WANDERA..................................................9TH CLAIMANT

PAMELA OUMA OTIENO.............................................10TH CLAIMANT

JUSTINE ONGORI ONCHURU....................................11TH CLAIMANT

EVANS BARONGO NYAKUNDI...................................12TH CLAIMANT

VS

MILLS INDUSTRIES LTD............................................1STRESPONDENT

TAILORS AND TEXTILES WORKERS UNION......2ND RESPONDENT

JUDGMENT

Introduction

1. The Claimant’s claim brought by a Memorandum of Claim dated 19th May 2015 and filed in court on 21st May 2015, is for payment of redundancy benefits.

2. None of the Respondents filed a response. The matter therefore proceeded as an undefended cause. The 1st Claimant, Rogers Omosa Matundura testified on his own behalf and on behalf of his co-claimants.

The Claimants’ Case

3. The Claimants state that they were employed by the 1st Respondent on diverse dates as machine operators. They aver that they were declared redundant on 12th September 2014.

4. The Claimants further state that they were all members of the 2nd Respondent. Sometime in 2010 the Claimants, alongside other employees of the 1st Respondent went on strike.

5. The 1st and 2nd Respondents thereafter signed a return to work formula by which the following was agreed upon:

a) That the workers would return to work without loss of benefits;

b) That contracts issued to the workers would be withdrawn;

c) That salary underpayments would be made good.

6. The Claimants plead that the 1st Respondent failed to pay the salary arrears arising out of underpayment. The Claimants were subsequently declared redundant but were not paid their dues.

7. The 2nd Respondent reported a dispute at the Ministry of Labour but there was no agreement at the conciliation stage. The Claimants accuse the 2nd Respondent of failure to pursue their case.

8. The Claimants claim against the 1st Respondent is for the sum of Kshs. 4,303,772 being final benefits. They also claim house allowance from the 2nd Respondent.

Findings and Determination

9. In advancing their case, the Claimants produced a tabulation schedule made up of underpayment, severance pay, house allowance and accrued leave. They however failed to provide a basis for the respective figures used in their tabulation. The Court was therefore unable to verify the authenticity of the figures which were literally thrown at its face.

10. In the circumstances, the only conclusion is that the Claimants have failed to prove their claim which therefore fails and is dismissed.

11. I make no order for costs.

12. Orders accordingly.

DATED AND SIGNED AT MOMBASA THIS 27TH DAY OF MAY 2019

LINNET NDOLO

JUDGE

DELIVERED AT NAIROBI THIS 31ST DAY OF MAY 2019

MAUREEN ONYANGO

JUDGE

Appearance:

Mr. Mageto for the Claimants

No appearance for the Respondents