Francis Okaridi Ojuma v Patriotic Guards Limited [2015] KEELRC 668 (KLR)
The bottom line
#A Kenyan court awarded a resigned security guard Kshs 106,174 in unpaid dues but rejected his wrongful dismissal claim because he quit voluntarily.
What this practically means
#Executive summary
#Key legal issues
#Service and default of the Respondent
Service was properly effected on the Respondent and its advocates, who defaulted in filing a defence and attending the hearing without justification
The process server served the memorandum of claim on the Managing Director, Mr Kigen, who signed for it, and the amended statement of claim was served on Mr Benson Kiprotich who acknowledged receipt. The advocates on record were served with a mention notice but neither filed a statement of defence nor attended court, warranting the matter to proceed by way of formal proof.
Entitlement to terminal benefits
The Claimant proved on a balance of probabilities that he worked for the Respondent as claimed and was unpaid terminal dues on resignation
In an uncontested claim proved by formal proof, the court found the claimant's testimony established the employment relationship and the unpaid dues. The court awarded the specific sums claimed: salary arrears, unpaid October 2011 days, December 2009 and April 2011 salary balances, service gratuity for 9 years at 15 days per year, and unremitted NSSF deductions, totalling Kshs 106,174.
Compensation for wrongful dismissal
The claim failed because the Claimant resigned voluntarily and was not dismissed
The claimant's own averments and testimony established that he resigned by letter dated 13th October 2011 and stopped working. Since there was no dismissal by the respondent, there could be no compensation for wrongful dismissal, and that head of claim was dismissed with costs.
Legal principles established
#- Where a respondent is properly served but fails to file a defence or attend the hearing without justification, the claimant may prove the claim by formal proof on a balance of probabilities
Court orders
#- 1.Award of Kshs 46,480 as arrears salary for 7 months
- 2.Award of Kshs 2,434 as unpaid salary for 11 days in October 2011
- 3.Award of Kshs 2,140 as balance of salary for December 2009
- 4.Award of Kshs 1,640 as balance of salary for April 2011
- 5.Award of Kshs 29,880 as service gratuity for 9 years worked
- 6.Refund of unremitted NSSF deductions of Kshs 23,600
- 7.Total award of Kshs 106,174 with interest at court rates from date of judgment until payment in full
- 8.Respondent to pay costs of the suit
- 9.Dismissal of the claim for compensation for wrongful dismissal with costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment and labour relations causes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Okaridi Ojuma v Patriotic Guards Limited [2015] KEELRC 668 (KLR)", Case Analysis (2015). Cause No. 41 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/668/eng@2015-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.