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ELRCPartially AllowedCause No. 282 of 2013· [2015] KEELRC 1648 (KLR)

Geofrey Egesa Odongo v Executive Secretary & Kenya National Union of Teachers Busia Branch [2015] KEELRC 1648 (KLR)

Industrial Court of Kenya
13 November 2015
1,465 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan union's own letters admitting it owed its former Executive Secretary over KES 1.8 million sealed its fate in court.

What this practically means

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Executive summary

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The Claimant, formerly Executive Secretary of the Kenya National Union of Teachers Busia Branch from April 2004 to 5th March 2011, claimed allowances and related expenses of Kshs.630,000, terminal benefits of Kshs.757,982, three months salary in lieu of notice of Kshs.491,325 and unpaid pension contributions of Kshs.101,125.48, totalling Shs.1,980,432.48. He testified that the Respondent paid Shs.867,868, leaving a balance of Shs.1,112,564, and relied on a settlement meeting of 23rd March 2012 minuted and confirmed by letters dated 29th March and 5th April 2012 capturing the figures owed. The Respondent denied the claim, contending that full terminal benefits of Shs.867,868 had been settled, that allowances were unsupported and unapproved, and that its policy capped terminal benefits at 60 months. The court framed the sole issue as what was payable as terminal benefits. It found that the Respondent's correspondence, including the National Treasurer's letter of 16th January 2012 and the Branch Executive Secretary's letter of 5th April 2012, admitted liability for Kshs.630,000, Kshs.754,982 and Kshs.491,325, totalling Kshs.1,876,307, and that the Respondent could not be heard to deny the same. The pension claim failed on the Claimant's own concession that pension was paid with salary. Judgment was entered for Kshs.1,876,307 less Shs.867,868 paid, leaving a balance of Kshs.1,008,439, with costs and interest from the date of judgment.

Key legal issues

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01

Whether the Respondent was liable to pay the claimed terminal benefits, allowances and salary in lieu of notice

Holding

The Respondent admitted owing the Claimant allowances and related expenses of Kshs.630,000, terminal benefits of Kshs.754,982 and three months salary in lieu of notice of Kshs.491,325, totalling Kshs.1,876,307, as confirmed in correspondence dated 16th January 2012, 5th April 2012 and 22nd October 2013

Reasoning

The court found that the Respondent's own correspondence, including the letter of 5th April 2012 capturing the exact figures owed and the National Treasurer's confirmation that payments would come from the Busia Branch, constituted an admission of the debt. The Respondent, having confirmed the payments due, could not resile from that admission at trial. Judgment was entered for the admitted sum less amounts already paid.

p. 4
02

Whether the Claimant was entitled to unpaid pension contributions at 31% of salary

Holding

The claim for unpaid pension contributions failed as the Claimant conceded the pension was paid together with his monthly salary

Reasoning

The Respondent averred throughout that the pension contribution was paid to the Claimant with his salary and that he was personally responsible for remitting it to the Teachers Service Commission or Director of Pensions. In his testimony the Claimant conceded this position, so the court declined to award that head of the claim.

p. 4

Legal principles established

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  • A party who has confirmed the payments due cannot later be heard to deny the same

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent in the total sum of Kshs.1,876,307 less Kshs.867,868 already paid, leaving a balance of Kshs.1,008,439
  2. 2.Costs of the suit to the Claimant
  3. 3.Interest on the decretal sum from the date of judgment
Jurisdiction invoked
Employment and labour relations jurisdiction of the Industrial Court of Kenya (Employment and Labour Relations Court) over a terminal benefits claim by a former Branch Executive Secretary

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, "Geofrey Egesa Odongo v Executive Secretary & Kenya National Union of Teachers Busia Branch [2015] KEELRC 1648 (KLR)", Case Analysis (2015). Cause No. 282 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1648/eng@2015-11-13

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