[2015] KEELRC 914 (KLR)
The court found that the respondent had directly admitted owing the claimant a substantial sum in their pleadings and failed to provide credible evidence of payments beyond the Kshs.10,000 admitted by the claimant. The respondent did not controvert the full claim of Kshs.761,770. In the absence of proof of further...
Source-derived case information.
- Citation
- [2015] KEELRC 914 (KLR)
- Parties
- Claimant: Simpson Ntwiga M’Ireri; Respondent: New Muthambi Farmers Co-operative Society
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1860 of 2011
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for claimant
- Judges
- HS Wasilwa
- Legal Topics
- Terminal Benefits, Salary Arrears, Retirement Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simpson Ntwiga M’Ireri
Claimant
New Muthambi Farmers Co-operative Society
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the respondent failed to pay the claimant his terminal benefits upon retirement.
- 2 Whether the claimant is entitled to the claimed sum of Kshs.761,770 less admitted payments.
Ratio Decidendi
The court found that the respondent had directly admitted owing the claimant a substantial sum in their pleadings and failed to provide credible evidence of payments beyond the Kshs.10,000 admitted by the claimant. The respondent did not controvert the full claim of Kshs.761,770. In the absence of proof of further payments, the court held that the claimant was entitled to judgment for the claimed amount less the admitted payment, resulting in a net award of Kshs.751,770 plus costs.
Court Disposition
judgment for claimant
Orders
- Judgment entered for the claimant for Kshs.751,770.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT ATNAIROBI
CAUSE NO. 1860 OF 2011
(BEFORE HON. JUSTICE HELLEN S. WASILWA ON 18TH JUNE, 2015)
SIMPSON NTWIGA M’IRERI….……………………..………....CLAIMANT
VERSUS
NEW MUTHAMBI FARMERS CO-OPERATIVE SOCIETY …RESPONDENT
JUDGMENT OF THE COURT
The Claimant herein Simpson Ntwiga filed his Statement of Claim on 4/11/2011 through the firm of Munga Kibanga & Company Advocates. Issue in dispute is the failure by the Respondent to pay his terminal benefits.
Claimant’s case
The Claimant’s case is that he was employed by the Respondents as a Secretary Manager for 31 years until he retired on 30/9/2009. He avers that he executed his duties diligently and faithfully whereupon at the time of retirement his salary arrears had accrued to Kshs.761,770/= plus terminal benefits as tabulated in his Appendix SNR-1. He made a demand to pay to the Respondents who have refused and/or neglected to make good.
In his evidence the Claimant stated that he was paid 10,000/= after filing this case leaving 761,770/= unpaid.
He avers that the Respondents letter to him on 12/8/2011 through the Respondents lawyer P. M. Mutani & Company Advocates agreed that the Respondents owed him money and would pay him when their finances improved. He denied having been paid Kshs.349,506/=.
The Respondents on the other hand filed their response on 17/11/2011 in person. In their response, the Respondents stated that the Claimant worked for them as Secretary Manager until he retired on 30/9/2009 and they owed him 607,271. 06 which they listed as a payable debt. They consent that they have continued to pay same and have since paid 83,351/= and they asked court to dismiss this claim.
In their oral evidence in court however, the RW1 stated that they had paid the Claimant Kshs.427,156/= in bits and that the balance is 357,705/=.
I have considered the averments of both parties. There is a direct admission of this claim from Respondents pleadings of Kshs.607,271/=.
The Respondents aver that they have partly paid this amount and leave a balance of Kshs.357,705/.
Despite this averment, there is no evidence of this payment except for 10,000/= admitted by the Claimant.
The Respondents have also not controverted the claim of 761,770/=. That being the case, I enter judgment for Claimant as prayed for Kshs.761,770/= less 10,000/= admitted as paid leaving a balance of Kshs.751,770/= plus costs.
It is so ordered.
Read in open Court this 18th day of June, 2015.
HON. LADY JUSTICE HELLEN WASILWA
JUDGE
In the presence of:
Jaoko holding brief for Kibanga for Claimant - Present
No appearance for Respondent