Lucy Nyokabi Kamande v Kabati Farmers Co-operative Society [2018] KEELRC 331 (KLR)
The bottom line
#A Kenyan employment court awarded a former book-keeper Kshs 24,000 in unpaid salary, but rejected her claims for leave pay and statutory dues.
What this practically means
#Executive summary
#Key legal issues
#Unpaid salary for March and April 2014
Awarded at Kshs 24,000, consistent with the pleaded monthly salary of Kshs 12,000
The claimant pleaded employment at Kshs 12,000 per month and resignation on 3rd April 2014 with one month's notice. The respondent, though it filed a response and documents, did not attend the hearing and its defence that the claimant deserted duties was not substantiated in evidence. Two months' salary therefore fell due and unpaid, and judgment was entered ex-parte on the uncontroverted evidence.
Claim for unpaid leave days
Dismissed
The respondent filed witness statement and documents on 25th February 2016 showing the claimant went on leave; the claimant did not dispute this in her oral evidence. The court therefore deduced that the claimant had taken leave and her claim for unpaid leave lacked merit.
Effect of non-attendance by respondent despite service
Case proceeded ex-parte but the respondent's filed documents were still considered
The respondent's counsel did not attend court despite being duly served, so the claim proceeded ex-parte. However, the court took into account the witness statement and documents the respondent had filed on 25th February 2016, including the resignation letter and reply to the demand letter, in assessing the claimant's entitlements.
Legal principles established
#- An employee who takes leave and is not disputed to have done so cannot claim payment for the same leave days
Court orders
#- 1.Judgment entered against the respondent for Kshs 24,000 being the claimant's unpaid salary for March and April 2014
- 2.Costs of the suit to the claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (memorandum of claim filed under the Court's employment jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Nyokabi Kamande v Kabati Farmers Co-operative Society [2018] KEELRC 331 (KLR)", Case Analysis (2018). Cause No 1171 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/331/eng@2018-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.