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ELRCPartially AllowedCause No. 1911 of 2014· [2018] KEELRC 968 (KLR)

Peter Mutua Muindi v Ansaldi Roberto [2018] KEELRC 968 (KLR)

Employment and Labour Relations Court of Kenya at Nairobi
3 October 2018
HWHellen S. Wasilwa
473 words in judgment
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The bottom line

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A Kenyan stableman fired after a workplace injury won Kshs. 108,000 because his employer never responded to the lawsuit.

What this practically means

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Executive summary

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The Claimant, Peter Mutua Muindi, filed a Memorandum of Claim on 10 November 2014 (amended on 21 November 2014) alleging unfair termination of employment and failure to pay terminal dues. He stated he was employed by the Respondent as a Stableman from 15 January 2013 at a monthly salary of Kshs. 12,000. On 12 February 2014, while tending the Respondent's horses at Karen, a horse bolted and tightened a rope on his left ring finger, causing a fracture. When he requested treatment money and compensation, the Respondent verbally dismissed him without paying terminal dues. He sought severance pay of Kshs. 6,000, one month's pay in lieu of notice of Kshs. 12,000, and compensation equivalent to 12 months' salary (Kshs. 144,000), plus costs and interest. The Claimant called a witness who corroborated his employment, the injury and the dismissal. The Respondent was served but neither entered appearance nor filed a defence, and the case proceeded undefended. Justice Hellen S. Wasilwa found the claimant's case uncontroverted and established. She awarded one month's salary in lieu of notice (Kshs. 12,000) and 8 months' salary as compensation for unlawful termination (Kshs. 96,000), totalling Kshs. 108,000, with costs of the suit and interest at court rates from the date of judgment. The severance pay claim and the full 12 months' compensation sought were not awarded as prayed. Judgment dated and delivered 3 October 2018.

Key legal issues

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01

Uncontroverted evidence in an undefended claim

Holding

The claimant proved his claim on the uncontroverted evidence and was entitled to judgment

Reasoning

The respondent was served with the Memorandum of Claim and summons but neither entered appearance nor filed a defence. The court ordered the case to proceed undefended. The claimant's testimony that he worked for the respondent, was injured on duty and was verbally dismissed was corroborated by his witness, leaving the claim unchallenged and proved.

p. 1
02

Compensation for unlawful termination

Holding

The court awarded compensation of 8 months' salary rather than the 12 months sought, together with one month's pay in lieu of notice

Reasoning

Having found the termination unlawful, the court exercised its discretion to award compensation equivalent to 8 months' salary at the monthly wage of Kshs. 12,000, totalling Kshs. 96,000, plus one month's salary in lieu of notice of Kshs. 12,000, for a total award of Kshs. 108,000. Severance pay was not awarded.

p. 1

Legal principles established

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  • Where a respondent is served with a claim but neither enters appearance nor files a defence, the claimant's evidence stands uncontroverted and the claim may proceed undefended

Court orders

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  1. 1.Respondent to pay 1 month's salary in lieu of notice of Kshs. 12,000
  2. 2.Respondent to pay 8 months' salary as compensation for unlawful termination of Kshs. 96,000
  3. 3.Respondent to pay costs of the suit
  4. 4.Interest at court rates with effect from the date of judgment
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act over claims of unfair termination of employment and terminal dues

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 Mutua Muindi v Ansaldi Roberto [2018] KEELRC 968 (KLR)", Case Analysis (2018). Cause No. 1911 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/968/eng@2018-10-03

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