[2018] KEELRC 375 (KLR)
The court found that the Claimant, acting in person, failed to provide sufficient and coherent evidence to prove his claims for special damages beyond the sum admitted by the Respondent. The claims for unremitted NSSF contributions, extra remuneration, off days, monthly benefits, and refunds for rent and electricity...
Source-derived case information.
- Citation
- [2018] KEELRC 375 (KLR)
- Parties
- Claimant: Samwel Odero Onyango; Respondent: Bedrock Holding Security Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1204 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim allowed in part; majority of claims dismissed.
- Judges
- MSA Makhandia
- Legal Topics
- Final Dues, Special Damages, Resignation, Leave Entitlement, Nssf Contributions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samwel Odero Onyango
Claimant
Bedrock Holding Security Ltd
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Claimant is entitled to special damages as claimed for final dues upon resignation.
- 2 Whether the Respondent failed to remit NSSF contributions as alleged by the Claimant.
- 3 Whether the Claimant is entitled to additional sums for alleged extra duties and benefits.
Ratio Decidendi
The court found that the Claimant, acting in person, failed to provide sufficient and coherent evidence to prove his claims for special damages beyond the sum admitted by the Respondent. The claims for unremitted NSSF contributions, extra remuneration, off days, monthly benefits, and refunds for rent and electricity were unsupported by documentary or credible oral evidence. The court accepted the Respondent's admission of Kshs 17,175 for accrued leave and uniform refund and awarded this sum to the Claimant. All other claims were dismissed for lack of proof. The court further held that the Claimant, having resigned, was not entitled to pay in lieu of notice.
Court Disposition
Claim allowed in part; majority of claims dismissed.
Orders
- The Respondent shall pay the Claimant Kshs 17,175 for accrued leave and uniform refund.
- All other claims by the Claimant are dismissed.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1204 OF 2017
SAMWEL ODERO ONYANGO...................................................CLAIMANT
VERSUS
BEDROCK HOLDING SECURITY LTD................................RESPONDENT
JUDGMENT
1. Samwel Odero Onyango (Claimant) notified Bedrock Holding Security Ltd (Respondent) of his intention to resign through a letter dated 8 September 2016.
2. The Respondent accepted the resignation and advised the Claimant that his final dues would be paid after clearance.
3. On 27 January 2017, the Respondent wrote to the Claimant instructing him to collect the final dues on 21 April 2017.
4. It appears that the Claimant disputed the computation of the final dues for on 27 June 2017 he instituted legal proceedings against the Respondent seeking what he called special damages.
5. The Respondent filed a Response on 24 July 2017 admitting owing the Claimant Kshs 17,175/- on account of accrued leave and uniform refund.
6. The Cause was heard on 19 November 2018 and the Claimant and the Respondent’s Branch Manager testified.
7. The Court has considered the pleadings and evidence on record.
8. The Claimant was a lay person acting for himself and even without applying the strict legal principles in cases of special damages, the Court finds that his evidence was so vague and incoherent such as to demonstrate or prove the special damages/final dues sought.
9. The dues sought included contributions amounting to Kshs 16,800/- said not to have been remitted to the National Social Security Fund.
10. The Claimant did not file or produce a Statement of Account from the Fund to show contributions were not remitted.
11. The Claimant also sought Kshs 6,000/- alleged to be due as a result of having been asked to take charge of guards deployed to Kenya Power Kileleshwa substation.
12. The Claimant did not produce any record/evidence to show that he was put in charge of other guards at Kileleshwa or that there was an agreement for extra remuneration.
13. Equally, the Claimant alleged that he did not get off days or monthly benefits but did not give any particulars of the days or of the monthly benefits and whether the benefits were anchored on contract.
14. The Claimant resigned and cannot legally lay claim to 3 months’ pay in lieu of notice.
15. The Claimant further sought refund of monies paid as rent and for electricity bills for 2 years, the period he stated he had been forced to stay in Nairobi waiting for the conclusion of this Cause. No receipts were filed to prove the payments.
16. In respect to leave and uniform refund, the Court will accept the admission by the Respondent and allow the heads of claim in the sum of Kshs 17,175/-.
Conclusion and Orders
17. Save for the admitted Kshs 17,175/-, the Court finds no merit in the Cause and orders it dismissed. Costs of Kshs 10,000/- to the Claimant.
Delivered, dated and signed in Nairobi on this 7th day of December 2018.
Radido Stephen
Judge
Appearances
Claimant acting in person
For Respondent Mr. Otieno instructed by Ongoya & Wambola Advocates
Court Assistant Mamo