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ELRCAllowedNot stated in the judgment· [2019] KEELRC 169 (KLR)

Simon Njeru Njiru & another v Erick Ondigo & 2 others [2019] KEELRC 169 (KLR)

Employment and Labour Relations Court
22 November 2019
MNMathews N. NdumaMOMaureen Onyango
287 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Two part-time lecturers won their unpaid salary claims after the employer skipped the hearing, proving paperwork like attendance sheets and payslips wins cases.

What this practically means

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Executive summary

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The claimants, part-time lecturers, filed suit on 3rd April 2014 seeking salary arrears of Kshs. 124,850 for the 1st claimant and Kshs. 79,800 for the 2nd claimant. The respondent filed a memorandum of defence on 18th March 2019 denying the amounts claimed, but did not attend the hearing when the matter was set down by the Registrar, offering no justification and adducing no evidence to contradict the claim. At the hearing, the claimants testified that they were part-time lecturers for the respondent and produced class attendance sheets showing their work schedule and the lessons delivered to the respondent's students, as well as pay slips evidencing payments made to them. They testified that at the time of separation they were each owed the amounts stated in the memorandum of claim. The court found that the claimants had proved on a balance of probabilities that they were owed and not paid the reliefs sought. Judgment was entered for the claimants against the respondent in the sums of Kshs. 124,850 for the 1st claimant and Kshs. 79,800 for the 2nd claimant, with interest at court rates from the date of filing suit until payment in full, and costs of the suit. The judgment was signed in Kisumu on 14th November 2019 by Mathews N. Nduma, Judge, and delivered in Nairobi on 22nd November 2019.

Key legal issues

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01

Proof of salary arrears owed to part-time lecturers

Holding

The claimants proved on a balance of probabilities that the respondent owed and did not pay them the amounts claimed

Reasoning

The claimants testified that they were part-time lecturers for the respondent and produced class attendance sheets showing the work schedule and lessons delivered, as well as pay slips showing payments made. The respondent, though served and notified of the hearing date, did not attend without justification and adduced no evidence to contradict the claim. The court was therefore satisfied the debt was proved.

p. 1

Legal principles established

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  • A party who fails to attend the hearing without justification risks judgment on the uncontradicted evidence of the party who does

Court orders

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  1. 1.Judgment entered in favour of the claimants against the respondent
  2. 2.Kshs. 124,850 in respect of the 1st claimant
  3. 3.Kshs. 79,800 in respect of the 2nd claimant
  4. 4.Interest at court rates from the date of filing suit till payment in full
  5. 5.Costs of the suit
Jurisdiction invoked
Not expressly stated; the court determined an employment claim for unpaid salary (memorandum of claim under the Employment and Labour Relations Court procedure)

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, "Simon Njeru Njiru & another v Erick Ondigo & 2 others [2019] KEELRC 169 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/169/eng@2019-11-22

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