Alufa Munyasa Jackline v Greenlife Crop Protection Africa Limited [2018] KEELRC 1230 (KLR)
The bottom line
#An employee who skipped her own court hearing lost her entire claim and was ordered to pay her former employer Kshs.280,000.
What this practically means
#Executive summary
#Key legal issues
#Consequence of claimant's non-attendance at hearing
The claim was dismissed with costs
The claim was scheduled for hearing on 14.6.2018 and the respondent had been served with a hearing notice. The claimant did not attend. The court accordingly dismissed the claim and directed that the respondent's counterclaim proceed for determination on the pleadings and averments on record.
Whether the respondent's counterclaim was proved
The counterclaim succeeded in full: Kshs.140,000/= in lieu of notice plus Kshs.140,000/= received and unaccounted for
The claimant admitted in paragraph 16(e) of her claim receiving Kshs.140,000/= from the respondent, money intended for the Pest Control Products Board Registration. She absconded duty on 3.6.2016 without refunding or accounting for it. The court found the counterclaim proved and awarded Kshs.280,000/= plus costs and interest.
Legal principles established
#- A claimant who fails to attend the hearing despite the respondent being served with a hearing notice risks dismissal of the claim with costs
- An admission of receipt of funds in the claim may found judgment on a counterclaim where the funds are not accounted for
Court orders
#- 1.Dismissal of the claimant's case with costs to the respondent
- 2.Judgment for the respondent on the counterclaim
- 3.Award to the respondent of Kshs.140,000/= in lieu of notice
- 4.Award to the respondent of Kshs.140,000/= received by the claimant and admitted but not accounted for
- 5.Total award of Kshs.280,000/= plus costs and interest
- 6.Respondent to proceed with its counterclaim
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act (claim for terminal dues and illegal termination)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alufa Munyasa Jackline v Greenlife Crop Protection Africa Limited [2018] KEELRC 1230 (KLR)", Case Analysis (2018). Cause No. 1480 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1230/eng@2018-07-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.