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ELRCPartially AllowedNot stated in the judgment (originally filed in the Chief Magistrate's Court at Nairobi, plaint dated 24th November 2008)· [2016] KEELRC 1824 (KLR)

Asoro Mwenje Astone v Riley Services Limited [2016] KEELRC 1824 (KLR)

Employment and Labour Relations Court
22 January 2016
797 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan security guard summarily dismissed without a hearing won Kshs.121,544 in terminal benefits plus interest and costs after his employer offered no evidence.

What this practically means

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Executive summary

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The plaintiff, employed by the defendant as a security guard on 28th December 2006 at a monthly salary of Kshs.6,754.05, was summarily dismissed on 20th May 2008. He pleaded that while stationed at the University of Nairobi senior staff clinic he assisted another guard to take a mentally ill student to the sick bay on a doctor's instructions; on returning he was dismissed on the spot by a director, ordered to hand over his uniform, and when he had no clothes to change into he was stripped by three guards who punched him. The suit, originally filed in the Chief Magistrate's Court at Nairobi on 24th November 2008, was transferred to this court by Onyancha J on 20th November 2013. The plaintiff sought salary in lieu of notice, leave pay, overtime, uniform refund, severance pay and collection charges totalling Kshs.121,544.87; he did not seek general damages for unlawful dismissal. The defendant admitted the summary dismissal, asserting it was for gross misconduct after a hearing, and denied the special damages. The matter proceeded exparte on 19th October (hearing date) as defence counsel was unready without justification and no witness statement had been filed, leaving the plaintiff's sworn testimony uncontroverted. The court found the summary dismissal unjustifiable and the manhandling proved, held that it would have awarded general damages had they been pleaded, and awarded the full claimed sum of Kshs.121,544.87 against the defendant, with interest at court rates from the date of filing suit until payment in full, plus costs of the suit to the plaintiff. Judgment delivered at Nairobi on 22nd January 2016 by Mathews Nderi Nduma, Principal Judge.

Key legal issues

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01

Whether the plaintiff was owed the terminal benefits claimed (notice pay, leave, overtime, uniform refund, severance and collection charges)

Holding

The court found the claims proved in full, awarding Kshs.121,544.87 with interest from filing suit.

Reasoning

The plaintiff proved his monthly salary of Kshs.6,754.05 by his April 2008 payslip, and the period of service was not disputed. The suit proceeded exparte after the defendant's counsel was unready without justification; no witness statement had been filed, so the claim stood uncontroverted. The court found the summary dismissal unjustifiable and the manhandling of the plaintiff proved, and awarded all pleaded heads.

p. 2
02

Whether the summary dismissal was justified

Holding

The court found the dismissal unjustifiable; the plaintiff was dismissed on the spot without valid reason and manhandled by guards on the director's instructions.

Reasoning

The plaintiff's uncontroverted testimony was that he was assisting a mentally ill student at a colleague's station on a doctor's instructions, explained himself to the director, and was nonetheless dismissed on the spot, stripped of his uniform and punched by three guards. The defendant, though admitting summary dismissal in its defence, adduced no evidence of a hearing or of gross misconduct.

p. 2

Legal principles established

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  • Uncontroverted testimony of a claimant, where the defendant leads no evidence, stands and supports the award of the claimed terminal benefits.

Court orders

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  1. 1.Award of Kshs.121,544.87 to the plaintiff against the defendant being the terminal benefits claimed
  2. 2.Interest on the award at court rates from the date of filing suit until payment in full
  3. 3.Defendant to pay the costs of the suit
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction; suit transferred from the Chief Magistrate's Court at Nairobi to this court by Onyancha J on 20th November 2013

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, "Asoro Mwenje Astone v Riley Services Limited [2016] KEELRC 1824 (KLR)", Case Analysis (2016). Not stated in the judgment (originally filed in the Chief Magistrate's Court at Nairobi, plaint dated 24th November 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1824/eng@2016-01-22

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