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ELRCAllowedNot stated in judgment· [2014] KEELRC 1429 (KLR)

David G. Kabuya v Attorney General [2014] KEELRC 1429 (KLR)

Employment and Labour Relations Court
21 November 2014
RSRadido Stephen
622 words in judgment
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The bottom line

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A former Kenyan government committee member recovered unpaid allowances after the state offered no real defence—documented claims win even against the Attorney General.

What this practically means

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Executive summary

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The Claimant, David G. Kabuya, was appointed a member of the Provincial Land Disputes Appeals Committee, Rift Valley Province, through Gazette Notice No. 2651. By letter dated 20 June 2011, the then Provincial Commissioner informed him and 12 others that their services stood discontinued on expiry of their terms, while assuring them that their outstanding allowances would be pursued from the Ministry of Lands. The allowances were not paid, and on 7 March 2014 the Claimant sued the Attorney General on behalf of the Office of the President for Kshs 163,400/- in outstanding sitting, subsistence, lunch and transport allowances, supported by a Payment Schedule. The Respondent, having obtained leave to file its Defence out of time, advanced only a bare denial putting the Claimant to strict proof. At the hearing on 27 October 2014 the Respondent called no witness. The court found that the appointment and discontinuance were not denied and that the Respondent had not demonstrated any reasonable defence or suggested that the Claimant was not entitled to the allowances. The court held that the Claimant had served the nation on a sensitive committee and that failure to pay him for three years was a failure to recognise his services. The court entered judgment for the Claimant in the sum of Kshs 163,400/- with interest from 7 March 2014, and assessed costs at Kshs 25,000/-. Judgment was delivered in open court in Nakuru on 21 November 2014 by Radido Stephen, Judge.

Key legal issues

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01

Entitlement to outstanding sitting and related allowances for service on the Provincial Land Disputes Appeals Committee

Holding

The Claimant proved his appointment, service and discontinuance; the Respondent's bare denial without evidence did not defeat the claim, and the full sum claimed was awarded

Reasoning

The Claimant produced a Gazette Notice appointment, a discontinuance letter dated 20 June 2011 and a Payment Schedule detailing sittings and outstanding allowances. The Respondent filed a defence consisting of a bare denial and put the claimant to strict proof but called no witness at the hearing. The court found that neither the appointment, the discontinuance, nor the entitlement to allowances was genuinely contested, and that the Claimant had made a case for the reliefs sought.

p. 2
02

Consequences of a respondent's failure to adduce evidence or demonstrate a reasonable defence

Holding

A bare denial putting the claimant to strict proof, unsupported by any witness or evidence, does not discharge the respondent's burden

Reasoning

The Respondent's defence was a single paragraph denying paragraphs 3-7 of the memorandum of claim in toto. At the hearing the Respondent did not call any witness. The court evaluated the defence and found nothing to counter the Claimant's documentary evidence, holding that the Respondent had not demonstrated any reasonable defence, and that justice required payment of the allowances which were meant to facilitate the Claimant's public service.

p. 2

Legal principles established

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  • Where a respondent fails to demonstrate any reasonable defence and does not deny the claimant's entitlement, judgment should be entered for the amount claimed
  • Failure to pay a public servant's earned allowances amounts to a failure to recognise his services and contribution to society

Court orders

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  1. 1.The Respondent to pay the Claimant Kshs 163,400/- together with interest from 7 March 2014
  2. 2.The Claimant awarded costs of the Cause assessed at Kshs 25,000/-
Jurisdiction invoked
Employment and labour relations jurisdiction (Cause filed in the Employment and Labour Relations Court); no specific constitutional or statutory provision cited

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, "David G. Kabuya v Attorney General [2014] KEELRC 1429 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/1429/eng@2014-11-21

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