[2015] KEELRC 1595 (KLR)
The court found that the claimant had established her entitlement to gratuity as per the express terms of her employment contract, which provided for payment of gratuity at 15% of basic salary per month at the end of the contract. The respondent failed to pay the gratuity for the contract period January 2008 to...
Source-derived case information.
- Citation
- [2015] KEELRC 1595 (KLR)
- Parties
- Claimant: Ruth Kwamboka Machora; Respondent: Archdiocese of Nyeri Trustees Registered Consolata Mathari Hospital
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 8 of 2015
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Judges
- B Ongaya
- Legal Topics
- Employment Contracts, Gratuity Entitlement, Non Payment of Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Kwamboka Machora
Claimant
Archdiocese of Nyeri Trustees Registered Consolata Mathari Hospital
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment of gratuity as per the employment contract.
- 2 Whether the claimant is entitled to costs and interest as prayed.
Ratio Decidendi
The court found that the claimant had established her entitlement to gratuity as per the express terms of her employment contract, which provided for payment of gratuity at 15% of basic salary per month at the end of the contract. The respondent failed to pay the gratuity for the contract period January 2008 to January 2010 and did not contest the claim despite being served and entering appearance. The court held that, in the absence of any opposition or evidence to the contrary, the claimant was entitled to the full amount claimed as gratuity, as well as costs and interest. The judgment was therefore entered in favour of the claimant for the gratuity sum, with interest and costs as prayed.
Court Disposition
judgment for the claimant
Orders
- The respondent to pay the claimant Kshs.82,898.80 being gratuity by 1.06.2015, in default interest at court rates to be payable thereon from 4.01.2012 till full and final payment.
- The respondent to pay the claimant's costs of the suit.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
OF KENYA AT NYERI
CAUSE NO. 8 OF 2015
RUTH KWAMBOKA MACHORA..............................................................................................................CLAIMANT
-VERSUS-
ARCHDIOCESE OF NYERI TRUSTEES REGISTERED CONSOLATA MATHARI HOSPITAL......RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday 8th May, 2015)
JUDGMENT
The Claimant Ruth Kwamboka Machora filed the statement of claim on 23. 01. 2015 through Gori, Ombongi & Company Advocates. The claimant served the statement of claim and the summons upon the respondent. The respondent entered appearance on 04. 03. 2015 through D. Mutahi & Associate Advocates but did not file a response to the statement of claim.
The suit was fixed for hearing on 07. 05. 2015 and despite service of the hearing notice within the time ordered by the court, the respondent and the respondent's advocate did not attend the court for the hearing. The court ordered the hearing to proceed exparte and the claimant testified to support her claim.
The claimant's prayer against the respondent is for judgment for:
a) Gratuity amounting to Kshs.82,898. 80.
b) Costs of the suit.
c) Interest on (a) and )b) above.
The only issue for determination in this suit is whether the claimant is entitled to the prayers made in the statement of claim.
The claimant testified that she was employed by the respondent as a clinical officer on renewable 2 year contract. One of the fixed 2 year contracts ran from January 2008 to January 2010. Clause 4(e) of the contract provided thus “Gratuity will be paid by the employer at 15% of the employee's basic salary per month at the end of the contract.” It was the claimant's case that she was not paid the agreed gratuity for the said 2 years.
The claimant's advocates wrote a demand notice on 22. 9.2014 but the respondent did not reply.
The respondent has not opposed the claimant's claim and prayers and the court finds that the claimant has established her claim. She is entitled to the remedies as prayed for.
In conclusion, judgment is entered for the claimant against the respondent for:
(a) The respondent to pay the claimant Kshs.82,898. 80 being gratuity by 1. 06. 2015 in default interest at court rates to be payable thereon from 4. 01. 2012 till full and final payment.
(b) The respondent to pay the claimant's costs of the suit.
Signed, datedand deliveredin court at Nyerithis Friday, 8th May, 2015.
BYRAM ONGAYA
JUDGE