Kenya National Private Security Workers Union v New Simba Security [2016] KEELRC 1833 (KLR)
The bottom line
#A Kenyan security guard won Kshs.326,782 in terminal dues because his employer never filed a defence or attended the hearing.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to terminal dues upon retirement
The Grievant, having retired after attaining retirement age and having given three months' notice, was entitled to payment of his terminal benefits as tabulated in the Memorandum of Claim.
The Grievant testified and reiterated the memorandum of claim. The Respondent was served with the claim and hearing notice but filed no defence and did not attend the hearing. The court therefore treated the claim as uncontroverted. On examining the tabulation, the court confirmed it was anchored on the statutory minimum wage Legal Notices for the relevant years and awarded the full claimed amount.
Effect of non-attendance and failure to file defence despite service
Proper service coupled with non-response permits the court to proceed on the basis that the Respondent has no defence to the claim.
The Respondent entered appearance through advocates but filed no defence and did not attend the hearing despite affidavits of service on the file. The court drew the inference that there was no defence, and proceeded to determine the claim on the Claimant's uncontroverted evidence and tabulations.
Legal principles established
#- Where a respondent is properly served with a claim and hearing notice but fails to file a defence or attend the hearing, the court may assume there is no defence to the claim
- Terminal benefits should be computed on the basis of the statutory minimum wage orders applicable for the relevant years
Court orders
#- 1.Award of Kshs.326,782 to the Claimant as prayed
- Jurisdiction invoked
- Employment and labour relations jurisdiction over a claim for terminal dues (Industrial Court, Industrial Cause)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers Union v New Simba Security [2016] KEELRC 1833 (KLR)", Case Analysis (2016). Industrial Cause No. 101 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1833/eng@2016-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.