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ELRCDismissedStatement of Claim dated 26th May 2011, filed 7th July 2011· [2018] KEELRC 400 (KLR)

Peter Njoroge Kamau v Aga Khan Health Services t/a Aga Khan University Hospital Nairobi [2018] KEELRC 400 (KLR)

Employment and Labour Relations Court
20 December 2018
LNLINNET NDOLOMOMAUREEN ONYANGO
556 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment claim for unpaid dues was dismissed in full because the employee couldn't prove what he was owed — evidence wins these cases, not assertions.

What this practically means

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Executive summary

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By a Statement of Claim dated 26th May 2011 and filed on 7th July 2011, the Claimant, a former employee of the Respondent, sued for unpaid dues arising from his employment under a contract dated 9th March 1986, resigning around 2009/2010. He claimed transport allowances for May–December 2003 (Kshs. 1,450) and June 2006–February 2010 (Kshs. 55,700), overtime for 56 hours (Kshs. 16,576), one extra hour's pay (Kshs. 120,342), and payment for cleaning casualty/pavilion duties (Kshs. 470,695), plus costs and interest. The Respondent replied that the Claimant was contracted to work 42 hours per week with flexible hours, that his benefits were governed by the Collective Bargaining Agreement, and that upon resignation he was paid all monies due. The court framed a single issue: whether the Claimant proved his claim. It found he produced no evidence that he was entitled to official transport or incurred the expense; no record of extra hours existed on either side; and no evidence supported the allegation that he performed both orderly and cleaning duties. The court held the claims were special damages requiring specific pleading and proof, which was lacking. The entire claim was dismissed, with each party bearing their own costs.

Key legal issues

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01

Whether the Claimant proved his claims for unpaid dues

Holding

The claims failed for want of proof; they were special damages requiring specific pleading and proof

Reasoning

The court treated the pleaded dues as special damages. On transport, the Claimant did not show he was within the category entitled to official transport or that he incurred the expense. On overtime, no record of extra hours was produced by either side. No evidence supported the claim of performing both orderly and cleaning duties. Accordingly the entire claim was dismissed with each party bearing own costs.

p. 2

Legal principles established

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  • Special damages must be specifically pleaded and proved

Court orders

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  1. 1.The Claimant's claims for unpaid dues (transport allowance, overtime, extra hour and cleaning duties) are dismissed
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (statute not specified in judgment)

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, "Peter Njoroge Kamau v Aga Khan Health Services t/a Aga Khan University Hospital Nairobi [2018] KEELRC 400 (KLR)", Case Analysis (2018). Statement of Claim dated 26th May 2011, filed 7th July 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/400/eng@2018-12-17

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