[2018] KEELRC 2472 (KLR)
The court found that the claimants had proved on a balance of probabilities that they were members of the respective Land Control Boards and were owed sitting allowances as claimed. The respondents, having failed to enter appearance or file a defence, did not contest the claim. The court accepted the evidence of...
Source-derived case information.
- Citation
- [2018] KEELRC 2472 (KLR)
- Parties
- Applicant: Samuel Wanyonyi Mabonga; Applicant: Chrisostim Masakhalia Mukisu; Applicant: Thaddeaus Nabucheba Tyetye; Applicant: Anicet Wafula T. Wekesa; Applicant: Alisi Nafula Simiyu; Applicant: Joseph Sileka Mukhalisi; Applicant: Damian Watoka Lubembe; Respondent: The Hon. Attorney General; Respondent: The Principal Secretary, Ministry of Land, Housing and Urban Development
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Cause 5 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimants
- Legal Topics
- Sitting Allowances, Employment Benefits, Public Service Remuneration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Wanyonyi Mabonga
Applicant
Chrisostim Masakhalia Mukisu
Applicant
Thaddeaus Nabucheba Tyetye
Applicant
Anicet Wafula T. Wekesa
Applicant
Alisi Nafula Simiyu
Applicant
Joseph Sileka Mukhalisi
Applicant
Damian Watoka Lubembe
Applicant
The Hon. Attorney General
Respondent
The Principal Secretary, Ministry of Land, Housing and Urban Development
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimants are entitled to payment of sitting allowances as members of Land Control Boards.
- 2 Whether the respondents are liable for the outstanding allowances after part payment was made.
- 3 Whether interest and costs should be awarded to the claimants.
Ratio Decidendi
The court found that the claimants had proved on a balance of probabilities that they were members of the respective Land Control Boards and were owed sitting allowances as claimed. The respondents, having failed to enter appearance or file a defence, did not contest the claim. The court accepted the evidence of partial payment and awarded the claimants the outstanding balance of Kshs. 222,600, together with interest at court rates from the date of filing suit until payment in full. Costs were also awarded to the claimants.
Court Disposition
judgment for the claimants
Orders
- Judgment entered in favour of the claimants for Kshs. 222,600.
- The sum awarded 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
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT BUNGOMA
CAUSE NO. 5 OF 2017
SAMUEL WANYONYI MABONGA ..............................1ST CLAIMANT
CHRISOSTIM MASAKHALIA MUKISU ......................2ND CLAIMANT
THADDEAUS NABUCHEBA TYETYE ...........................3RD CLAIMANT
ANICET WAFULA T. WEKESA .....................................4TH CLAIMANT
ALISI NAFULA SIMIYU....................................................5TH CLAIMANT
JOSEPH SILEKA MUKHALISI .......................................6TH CLAIMANT
DAMIAN WATOKA LUBEMBE .......................................7TH CLAIMANT
VERSUS
THE HON. ATTORNEY GENERAL ...........................1ST RESPONDENT
THE PRINCIPAL SECRETARY, MINISTRY OF LAND,
HOUSING AND URBAN DEVELOPMENT...............2ND RESPONDENT
JUDGMENT
1. The claimants seek payment of a sum of Kshs. 327,600/- being sitting allowances due and owing to them as members of Kanduyi, Nalondo and Bumula Land Control Boards respectively as set out in paragraph 4 of the Memorandum of claim.
2. The Memorandum of claim and summons to enter appearance were served on the 1st Respondent on 30th March, 2017 but the Respondents have failed to enter appearance nor file a statement of defence.
3. CW1 Anicet Wafula T. Wekesatestified under oath in support of the particulars of claim. CW1 adopted his witness statement and sought the court to similarly adopt, the statements of other claimants as their testimony in this suit and court adopts the witness statements accordingly.
4. The claim is undefended and the claimants have proved on a balance of probabilities that they were members of the respective Land Control Boards and were owed sitting allowances set out in prayer (b) of the Memorandum of claim.
5. CW1 stated that the claimants were each paid Kshs. 15,000/- by the Respondent in part settlement of the debt.
6. Accordingly, the court enters judgment infavour of the claimants in the sum of Kshs. 327, 600/- less Kshs. 105,000/- partly paid by the Respondents during the pendency of the suit in the sum of Kshs. 222,000/-.
7. The amount is payable with interest at court rates from date of filing suit till payment in full.
8. The Respondent to pay the costs of the suit.
Dated at Bungoma this 26th day of January, 2018
HON. MATHEWS NDERI NDUMA , JUDGE
EMPLOYMENT AND LABOUR RELATIONS COURT
BUNGOMA.
In the presence of:-
Mr. Tsimonjero for claimants
Mr. Chrispo Aura – Court clerk.