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ELRCPartially AllowedNot stated in the judgment as provided· [2018] KEELRC 1034 (KLR)

Kenya Chemical & Allied Workers Union v Spectre International Limited [2018] KEELRC 1034 (KLR)

Employment and Labour Relations Court of Kenya
4 October 2018
MNMathews N. Nduma
490 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court awarded a union KShs 6.6 million on behalf of workers whose employer ignored the case, after unpaid four months of wages.

What this practically means

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Executive summary

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This Employment and Labour Relations Court judgment at Kisumu, delivered by Mathews N. Nduma, Judge, on 4 October 2018, concerned an undefended claim by a Claimant Union against a Respondent employer for failure to pay monthly wages and house allowance to 109 unionisable employees for the four months between November 2013 and February 2014, computed at Kshs.13,190,455.84. The dispute was reported to the Ministry of Labour on 18 March 2014; conciliator Hellen Maneno was appointed and, after hearing both parties (the Respondent represented by the Federation of Kenya Employers), reported on 17 March 2015 recommending, on a without prejudice basis, that management pay 50% of the Kshs.10 million due over six months. The Respondent was served with the memorandum of claim and summons on 21 September 2016 but neither entered appearance nor filed a defence, and ignored mention and hearing notices. The matter proceeded to formal proof, at which CW1 Duncan Abongo Otieno and CW2 Joyce Chari Mwagunga testified in support of the claim and produced the annexures. The court found the claim proved on a balance of probabilities and, adopting the conciliator's recommendation which the Claimant itself sought, entered judgment for the Claimant and the grievants in the sum of Kshs.6,595,227.92, being 50% of the unpaid wages and house allowance. No order as to costs was made.

Key legal issues

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01

Proof of unpaid wages in an undefended claim at formal proof

Holding

The court found the claim proved on a balance of probabilities, adopting the conciliator's recommendation of payment of 50% of the unpaid wages and house allowance.

Reasoning

The Respondent was served with the memorandum of claim and summons but neither entered appearance nor filed a defence, and failed to attend court despite hearing notices. The matter proceeded to formal proof, where CW1 (Duncan Abongo Otieno) and CW2 (Joyce Chari Mwagunga) testified and produced the annexures. The court, satisfied by the pleadings, the conciliator's report and the testimony, entered judgment for 50% of the computed unpaid wages and house allowance for the four months.

p. 1

Legal principles established

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  • Where a claim is undefended and proceeds by formal proof, the claimant bears the burden of proving the claim on a balance of probabilities, including the quantum owed to each grievant.

Court orders

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  1. 1.Judgment entered in favour of the Claimant and the grievants in the sum of Kshs.6,595,227.92, being 50% of the unpaid sum of four (4) months' salary and house allowance
  2. 2.No order as to costs
Jurisdiction invoked
Dispute reported to the Ministry of Labour and unresolved through conciliation, pursuant to the Labour Relations Act provisions on resolution of trade disputes (provision not expressly cited in the 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, "Kenya Chemical & Allied Workers Union v Spectre International Limited [2018] KEELRC 1034 (KLR)", Case Analysis (2018). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1034/eng@2018-10-04

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