Malalia Ng’ondu v Swami Guards Limited [2018] KEELRC 1300 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Existence and termination of the employment relationship
The Claimant established an employment relationship as a guard from May 2005 to 15th December 2007 which the Respondent determined
The Respondent admitted the employment relationship in its Statement of Defence, and after due service failed to attend the hearing, so the claim proceeded exparte and was uncontroverted. The court found the relationship was determined by the Respondent in December 2007 without probable cause, entitling the Claimant to terminal benefits claimed.
Quantum of terminal dues
The court awarded notice pay, leave pay, holiday pay and overtime pay totalling Kshs. 100,920 but declined severance pay
The court adopted the Claimant's pleaded figures for the heads it allowed: one month's salary in lieu of notice, two years' leave pay, holiday pay at 360 per day for 14 days, and overtime at 4 hours per day at 33 per hour for 624 days. Severance pay of 5,500 claimed at 15 days per year worked was not included in the award.
Legal principles established
#- An uncontroverted claim, where the respondent is duly served and fails to attend, is established on the claimant's unchallenged evidence
- Where an employment relationship is terminated by the employer without probable cause, the employee is entitled to notice pay, accrued leave, holiday and overtime pay
Court orders
#- 1.1 month salary in lieu of notice = Kshs. 4,500
- 2.2 years leave pay = Kshs. 9,000
- 3.Holidays worked at Kshs. 360 per day x 14 days = Kshs. 5,040
- 4.Overtime pay at 4 hours per day at Kshs. 33 per hour for 624 days = Kshs. 82,360
- 5.Total award of Kshs. 100,920
- 6.Respondent to pay costs of the suit plus interest from the date of the judgment
- Jurisdiction invoked
- Transfer of the claim from the Magistrate's Court (PM's Milimani Commercial Courts, CC No. 4477/2008) to the Employment and Labour Relations Court, ordered by Hon. Lady Justice Khaminwa on 6/7/2012 and registered as ELRC Case No. 1802/2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Malalia Ng’ondu v Swami Guards Limited [2018] KEELRC 1300 (KLR)", Case Analysis (2018). Cause No. 1802 of 2014 (Formerly CC No. 4077 of 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1300/eng@2018-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.