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ELRCPartially AllowedMemorandum of Claim dated 31st January 2013· [2014] KEELRC 560 (KLR)

Meshack Baraza Ipara v Inter Security Services Limited [2014] KEELRC 560 (KLR)

Industrial Court of Kenya
26 March 2014
MNMATHEWS N. NDUMA
612 words in judgment
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The bottom line

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A Kenyan employer that ignores an employment claim at the Industrial Court risks a judgment ordering full payment of unpaid wages, leave, overtime and severance, plus costs and interest.

What this practically means

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Executive summary

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This was an undefended employment claim filed by memorandum of claim dated 31st January 2013 in the Industrial Court at Nairobi. The Claimant, employed as a security guard from 20th January 2005 until 31st July 2012 on a monthly salary of Kshs. 9,000, sought overtime of Kshs. 675,155, pay in lieu of leave of Kshs. 44,100, payment for 389 untaken weekly offs of Kshs. 116,700, service charge of Kshs. 31,500, interest and costs. He alleged he worked night shifts from 6 p.m. to 6 a.m. daily without days off, was never allowed leave for seven years, received no appointment letter, and resigned after three night robberies at his workstation. The Respondent was served with the claim by a duly authorised process server and with a hearing notice, both proved by affidavits of service, but entered no appearance, filed no response and did not attend the hearing. The matter proceeded exparte on 4th November 2013. The court found the claims established on a balance of probabilities and entered judgment for the Claimant: Kshs. 175,155 for unpaid overtime, Kshs. 44,100 in lieu of untaken leave, Kshs. 116,700 for untaken weekly leave days and Kshs. 31,500 as severance pay at 15 days' salary per completed year of service, totalling Kshs. 870,080 with interest at court rates from the date of judgment until payment in full, plus costs of the suit. Note: the itemised awards and the stated total do not reconcile, and the overtime award differs from the figure pleaded.

Key legal issues

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Whether the Claimant proved his claims for overtime, leave, weekly offs and severance pay in an undefended suit

Holding

The court found the claims established on a balance of probabilities and entered judgment for the amounts set out in the final orders.

Reasoning

The Respondent was duly served with the memorandum of claim by a authorised process server and with a hearing notice, both supported by affidavits of service, yet entered no appearance, filed no response and did not attend the hearing. The matter therefore proceeded exparte, and the court, satisfied on the evidence including the certificate of service, found the claims proved and awarded the sums claimed, adjusting the overtime figure.

p. 2

Legal principles established

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  • An uncontroverted claim, upon proof of service, may be established on a balance of probabilities and judgment entered exparte.

Court orders

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  1. 1.Kshs. 175,155/= being payment of unpaid overtime
  2. 2.Kshs. 44,100/= being payment in lieu of untaken leave
  3. 3.Kshs. 116,700/= being payment in lieu of weekly leave days not taken
  4. 4.Kshs. 31,500/= being severance pay 15 days salary for each completed year of service
  5. 5.Payment of the total sum of Kshs. 870,080/= with interest at Court rates from the date of judgment till payment in full
  6. 6.Claimant awarded the costs of the suit
Jurisdiction invoked
Original employment and labour relations jurisdiction over an undefended memorandum of claim

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, "Meshack Baraza Ipara v Inter Security Services Limited [2014] KEELRC 560 (KLR)", Case Analysis (2014). Memorandum of Claim dated 31st January 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/560/eng@2014-03-26

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