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ELRCPartially AllowedCause 1416 of 2011· [2012] KEELRC 132 (KLR)
FRIDAH NDINDA MWIKYA V PETER MUINDE T/A ENEM INTERBROKERS AUCTIONEERS [2012] KEELRC 132 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The Claimant, employed by the Respondent as a Field Operations Officer on 10th February 2011 at a monthly salary of Kshs. 25,000, sued by Memorandum of Claim dated 16th August 2011 for wrongfully withheld remuneration, claiming Kshs. 75,000 as salary for the three months she worked (10th February 2011 to 10th May 2011) plus costs. The Respondent neither filed a Reply nor attended the hearing, which proceeded ex parte on 30th October 2012. In sworn evidence the Claimant testified that since filing suit the Respondent had paid her Kshs. 30,000 by voucher, leaving a balance of Kshs. 45,000 claimed together with costs. The court held that employee wages are protected under Part IV of the Employment Act, 2007, quoting Section 17(1) which obliges an employer to pay the entire amount of wages earned for work done, in the currency of Kenya. It found it undisputed that the Claimant was employed at the stated salary and that the Respondent had not rebutted the evidence of the Kshs. 45,000 arrears nor advanced any reason for continuing to withhold salary long after the Claimant left employment. The court awarded the Claimant Kshs. 45,000 payable in one installment within 30 days of the Award and made no order for costs, despite the claim for costs. Judgment delivered at Nairobi on 6th December 2012 by Linnet Ndolo, Judge.
Key legal issues
#01
Whether the Respondent withheld the Claimant's earned wages contrary to the Employment Act, 2007
Holding
Yes - the Respondent was employed as claimed, never rebutted the evidence of the Kshs. 45,000 balance, and advanced no reason for withholding the salary; the full balance was awarded.
Reasoning
The appointment letter showed employment effective 10th February 2011 at Kshs. 25,000 monthly. The Respondent filed no Reply and did not attend the ex parte hearing, so the Claimant's uncontroverted evidence stood. The court found no justification for continuing to withhold wages earned for work done, protected under Part IV of the Employment Act.
p. 2
Legal principles established
#- An employer must pay the entire amount of wages earned by or payable to an employee for work done, directly and in the currency of Kenya, as required by Section 17(1) of the Employment Act, 2007
Court orders
#- 1.Award of Kshs. 45,000 to the Claimant, payable by the Respondent in 1 installment within 30 days from the date of the Award
- 2.No order for costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (Memorandum of Claim filed in the Industrial Court); Employment Act, 2007 Part IV
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "FRIDAH NDINDA MWIKYA V PETER MUINDE T/A ENEM INTERBROKERS AUCTIONEERS [2012] KEELRC 132 (KLR)", Case Analysis (2012). Cause 1416 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2012/132/eng@2012-12-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.