[2021] KEELRC 1755 (KLR)
The court found that the Claimant had established his employment relationship with the Respondent and that he was not paid for his services as a part-time lecturer. The Respondent, having failed to file a response or challenge the Claimant's evidence, left the Claimant's testimony uncontroverted. The court therefore...
Source-derived case information.
- Citation
- [2021] KEELRC 1755 (KLR)
- Parties
- Claimant: Tobias Andhala; Respondent: E-Smart Technical College
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 380 of 2017
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimant
- Legal Topics
- Breach of Employment Contract, Unpaid Wages, Formal Proof, Default Judgment
- 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
Tobias Andhala
Claimant
E-Smart Technical College
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the Respondent breached the employment contract by failing to pay the Claimant.
- 2 Whether the Claimant is entitled to the claimed sum of Kshs 416,000/-.
- 3 Whether the Claimant is entitled to interest and costs.
Ratio Decidendi
The court found that the Claimant had established his employment relationship with the Respondent and that he was not paid for his services as a part-time lecturer. The Respondent, having failed to file a response or challenge the Claimant's evidence, left the Claimant's testimony uncontroverted. The court therefore entered judgment for the Claimant for the sum claimed, with interest from the date of filing suit and awarded costs to the Claimant.
Court Disposition
judgment for the claimant
Orders
- Judgment entered for the Claimant in the sum of Kshs 416,000/-.
- The decretal amount to accrue interest from 5 September 2017.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 380 OF 2017
TOBIAS ANDHALA.......................................................CLAIMANT
v
E-SMART TECHNICAL COLLEGE....................RESPONDENT
JUDGMENT
1. Tobias Andhala (the Claimant) was employed as a part-time lecturer by E-Smart Technical College (the Respondent) on 28 June 2015.
2. The Respondent did not fulfil its part of the contract, and on 27 May 2016, the Claimant made a formal demand for payment.
3. The payments were not made, and the Claimant reported a dispute to the Labour Office. The attempts to resolve the dispute did not succeed.
4. On 5 September 2017, the Claimant sued the Respondent for breach of contract. The Claimant sought for Kshs 416,000/-.
5. The Respondent was served through its Secretary on 26 October 2017, but it did not file a Response. The Court, therefore, directed that the Cause proceeds to formal proof.
6. The Claimant testified on 4 March 2021.
7. The testimony was not challenged or rebutted, and the Court will enter judgment for the Claimant in the sum of Kshs 416,000/-.
8. The decretal amount to accrue interest from 5 September 2017.
9. The Claimant to have costs.
DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 12TH DAY OF MAY 2021.
Radido Stephen, MCIArb
Judge
Appearances
For Claimant Kuke & Co. Advocates
Court Assistant Chrispo Aura