Peter Chege Muthui v Muchemi Gitahi Kagwa & 2 others (sued as the Chairman, Secretary and Treasurer of Leshau Karagoini Water Project [2016] KEELRC 1424 (KLR)
The bottom line
#A Kenyan employment court awarded a suspended manager Kshs 159,580 for unpaid dues after his employer failed to present evidence, plus costs.
What this practically means
#Executive summary
#Key legal issues
#Limitation of the employment claim
The claim was filed within the three-year period allowed under section 90 of the Employment Act, 2007, since the suspension occurred on 27 December 2013 and the claim was instituted on 7 October 2014
The Respondents raised limitation as a defence but did not develop it. The court measured the limitation period from the date of suspension, the last relevant act by the employer, to the date of filing. As the suit was filed less than a year after the suspension, it fell within the statutory three-year window, and the defence failed.
Proof of the Claimant's entitlement to the reliefs
On unchallenged testimony, the Claimant proved on a balance of probabilities that he was entitled to unremitted NSSF contributions and salary arrears
The Respondents closed their case without leading evidence, and the Claimant's testimony and documents remained unchallenged. The only responsive material offered, documents annexed to submissions, was rejected as an improper practice. The court therefore accepted the Claimant's account of the acknowledged arrears and unremitted statutory contributions.
Admissibility of evidence filed through submissions
The court refused to consider documents sought to be introduced through submissions, holding this to be a practice unknown to law
The Respondents attempted to supplement their case via written submissions rather than through properly admitted evidence. The court condemned this practice, noting the Respondents had also filed their Response out of time without leave and closed their case without calling evidence. The documents were therefore disregarded entirely.
Legal principles established
#- A party cannot introduce evidence or documents through written submissions
- Unchallenged and uncontroverted testimony leaves no real dispute as to facts
Court orders
#- 1.Respondents to pay unremitted NSSF contributions of Kshs 77,000/-
- 2.Respondents to pay salary arrears of Kshs 82,580/-
- 3.Total award of Kshs 159,580/- to the Claimant
- 4.Claimant to have costs of Kshs 30,000/-
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment Act, 2007 (employment cause)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Chege Muthui v Muchemi Gitahi Kagwa & 2 others (sued as the Chairman, Secretary and Treasurer of Leshau Karagoini Water Project [2016] KEELRC 1424 (KLR)", Case Analysis (2016). Cause No 458 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1424/eng@2016-04-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.