[2014] KEHC 7635 (KLR)
The court found that the claimant was dismissed without notice, hearing, or valid reason, in contravention of the Employment Act, 2007. The respondent failed to file a defence or attend the hearing, and the claimant's evidence was unchallenged. The police confirmed the claimant was not culpable for the break-in that...
Source-derived case information.
- Citation
- [2014] KEHC 7635 (KLR)
- Parties
- Claimant: Rongi Kirandi; Respondent: Nicodemus Machoka Nyakenyanya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 151 of 2013
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Judgment for the claimant; termination declared unfair; monetary award and costs granted.
- Judges
- B Ongaya
- Legal Topics
- Unfair Termination, Summary Dismissal, Notice Pay, Underpayment of Wages, Annual Leave Entitlement, Certificate of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rongi Kirandi
Claimant
Nicodemus Machoka Nyakenyanya
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant's employment was unfairly terminated without notice or hearing.
- 2 Whether the claimant is entitled to compensation for notice pay, underpayment, rest days, public holidays, annual leave, and a certificate of service.
- 3 Whether the respondent is liable for costs of the suit.
Ratio Decidendi
The court found that the claimant was dismissed without notice, hearing, or valid reason, in contravention of the Employment Act, 2007. The respondent failed to file a defence or attend the hearing, and the claimant's evidence was unchallenged. The police confirmed the claimant was not culpable for the break-in that led to his dismissal. The court held that the termination was unfair and the claimant was entitled to compensation for notice pay, underpayment, rest days, public holidays, annual leave, and a certificate of service, as well as costs of the suit.
Court Disposition
Judgment for the claimant; termination declared unfair; monetary award and costs granted.
Orders
- A declaration that the termination of the claimant’s employment was unfair.
- The respondent to pay the claimant Kshs.741,580.30 by 1.04.2014, failing which interest to be payable at court rates from the date of judgment until full payment.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT OF KENYA AT NAKURU
CAUSE NO. 151 OF 2013
[Formerly Cause No. 1134 of 2011 at Nairobi]
RONGI KIRANDI…………………….........................CLAIMANT
VERSUS
NICODEMUS MACHOKA NYAKENYANYA..........RESPONDENT
[Before Hon. Justice Byram Ongaya on Friday 21st February, 2014]
JUDGMENT
The claimant Rongi Kirandi filed the statement of claim on 12. 07. 2011 through Gordon Ogolla & Associates. The claimant prayed for judgment against the respondent for:
Notice pay Kshs.10,060. 00
Under payment Kshs.349,444. 80.
Rest days Kshs.175,444. 20.
Public holidays Kshs.40,205. 00.
Annual leave Kshs.27,601. 30.
Compensation under section 49 (c) of the Employment Act, 2007.
Certificate of service under section 51 of the Act.
Respondent to pay costs of the suit.
The respondent entered appearance on 17. 07. 2013 through Maxwell O. Ogonda & Associates. On 19. 08. 2013, the claimant filed a notice of change of Advocates thorough Ndeda & Associates. The respondent did not file any statement of defence or response to the claim.
The case was fixed for hearing and despite service of the hearing notice, the respondent did not attend the hearing as scheduled on 26. 11. 2013. The claimant testified that as at the hearing of the case, he was 57 years old. The respondent employed the claimant with effect from 1. 5.2004 as per exhibit RK IV on the statement of claim as a caretaker and security personnel. The claimant was deployed at the respondent’s commercial premises in Nakuru at Kshs.5,000. 00 per month throughout the period of employment till termination in 2008.
While the claimant was on official off sometimes on 8. 8.2008, shops at the commercial premises were broken into and the respondent’s agent terminated the claimant’s employment. Interventions through the claimant’s union and the labour office did not yield amicable settlement. The police issued the letter exhibit RK 10 on the claim to confirm that the claimant was not culpable and that he was innocent in view of the breaking into the commercial premises.
It was the claimant’s evidence that he was dismissed without a notice, without a hearing and without any genuine reason. The claimant prayed for judgment as prayed for in the statement of claim.
The court has considered the statement of claim, the evidence and the submissions filed for the claimant and finds that the claimant has established the claims as set out in the statement. The court finds that the claimant is entitled to the prayers as made.
In conclusion, judgment is entered for the claimant against the respondent for:
a declaration that the termination of the claimant’s employment was unfair;
the respondent to pay the claimant Kshs.741,580. 30 by 1. 04. 2014 failing interest to be payable at court rates from the date of the judgment till full payment; and
the respondent to pay costs of the suit.
Signed, dated and delivered in court at Nakuru on Friday 21st February, 2014.
BYRAM ONGAYA
JUDGE