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ELRCAllowedMemorandum of Claim filed 28.09.2012· [2013] KEELRC 374 (KLR)

JOYCE W. MUIRURI V TOPWALL INSURANCE AGENCY LTD [2013] KEELRC 374 (KLR)

Industrial Court (Employment and Labour Relations Court)
2 May 2013
333 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Claimant, Joyce Wanjiru Muiruri, filed a Memorandum of Claim on 28 September 2012 against Topwall Insurance Agency Limited, seeking payment in lieu of untaken annual leave (Kshs.25,000/=) and service pay (Kshs.17,500/= being Kshs.2,500/= for each year worked, computed as salary for 15 days per year), plus costs. Despite service, the Respondent neither entered appearance nor filed a memorandum of response, and although served with a hearing notice, it did not attend court when the matter came up for hearing on 2 May 2013. The Claimant testified in support of her case. The court found that she was employed by the Respondent from February 2002 at a monthly salary of Kshs.5,000/=; that she did not take or was not granted annual leave except in 2004; that she terminated her contract by a 30-day notice dated 1 September 2008; and that her certificate of service confirmed employment from 1 February 2002 to 30 September 2008. Holding that the Claimant had proved her claims and was entitled to the remedies prayed for, the court entered judgment for her in the aggregate sum of Kshs.55,000/= plus interest at court rates from the date of judgment until full payment, with costs of the cause awarded to the Claimant. Judgment was delivered at Nakuru on 2 May 2013 by Byram Ongaya, Judge, in the presence of the Claimant and her advocate, Ms. Koina.

Key legal issues

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01

Payment in lieu of untaken annual leave

Holding

The Claimant proved she did not take annual leave except in 2004 and was awarded Kshs.25,000/= as prayed.

Reasoning

The court found that during the employment the Claimant did not take and was not granted annual leave except in the year 2004. The claim was pleaded at Kshs.25,000/= and the court found the Claimant had proved her claims and was entitled to the remedies as prayed. The Respondent did not enter appearance or file a response and did not attend the hearing despite service, so the claim went unchallenged.

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02

Service pay for years worked

Holding

The Claimant was awarded service pay of Kshs.17,500/= being salary for 15 days for each year worked from February 2002 to September 2008.

Reasoning

The Claimant prayed for service pay of Kshs.2,500/= for each year worked, being salary for 15 days, totalling Kshs.17,500/= over approximately six and a half years of employment. The employment was proved by the certificate of service covering 1.02.2002 to 30.9.2008. The court found the claims proved and awarded the remedies as prayed, bringing the aggregate award to Kshs.55,000/=.

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Legal principles established

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  • An employee who proves that annual leave was earned but not taken is entitled to payment in lieu of the untaken leave days.
  • A certificate of service confirms the duration of employment and supports claims accruing over that period.

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent
  2. 2.Respondent to pay the Claimant Kshs.55,000/= plus interest at court rates from the date of judgment till full payment
  3. 3.Respondent to pay the costs of the cause
Jurisdiction invoked
Employment and labour relations jurisdiction (Industrial Court Act); specific provision not stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "JOYCE W. MUIRURI V TOPWALL INSURANCE AGENCY LTD [2013] KEELRC 374 (KLR)", Case Analysis (2013). Memorandum of Claim filed 28.09.2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/374/eng@2013-05-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.