Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCPartially AllowedCause No. 356 of 2017 (consolidating Causes 357-375 of 2017)· [2019] KEELRC 2413 (KLR)

Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 2413 (KLR)

Employment and Labour Relations Court
24 January 2019
1,237 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Twenty Kenyan road project workers won pay awards after their employer ignored the case, but lost overtime claims they couldn't prove.

What this practically means

#

Executive summary

#
Twenty claimants, led by Amina Guyo Dalacha, sued the respondent in twenty consolidated causes (Nos. 356-375 of 2017) alleging unfair labour practices, underpayment and unlawful termination of their contracts of service on the Marsabit Turbi Road project. The respondent neither entered appearance nor defended the causes, which therefore proceeded undefended. Amina Guyo Dalacha testified on behalf of all claimants, stating that they were underpaid and received neither house allowance nor pay for overtime. She produced an agreement between the Kenya Building Construction Timbers and Furniture Union and the respondent, and a letter from the Deputy County Commissioner, Marsabit Central Sub County to the respondent's site manager; the underpayment was never rectified despite these. The claimants submitted that liability was 100% upon the respondent's failure to defend, relying on Regina Mwikali Wilson v Stephen M. Gichuhi & Another, which approved Felix Mathenge v Kenya Power & Lighting Co. Ltd, leaving only quantum for determination. The court agreed that liability was moot upon interlocutory judgment but held that the monetary claims still had to be proved. The Sunday and public holiday claims failed for want of computation and factum. The court awarded each claimant underpayment, annual leave pay, payment in lieu of notice and unpaid house allowance in individually tabulated sums, together with costs of the suit, and ordered 'It is so ordered.' The judgment was delivered at Nyeri on 24 January 2019 by Nzioki wa Makau, Judge.

Key legal issues

#
01

Effect of failure to defend on liability

Holding

Liability is settled at 100% upon the Respondent's failure to defend, leaving only quantum for determination.

Reasoning

The Respondent neither entered appearance nor filed a defence. Relying on Regina Mwikali Wilson v Stephen M. Gichuhi & Another, which approved Felix Mathenge v Kenya Power & Lighting Co. Ltd, the court treated liability as moot upon interlocutory judgment, with only the question of quantum remaining for proof.

p. 1
02

Whether Sunday, public holiday and overtime underpayment claims were proved

Holding

These claims failed for want of proof, as no computation of actual days and hours worked was offered.

Reasoning

Although the Claimants asserted underpayment for daily hours and for Sundays and public holidays worked, no factum or computation was provided for each Claimant. Without this the court could not determine precise amounts due, so those heads were disallowed.

p. 1
03

Entitlement to house allowance, leave pay, notice pay and general underpayment

Holding

Each Claimant was entitled to unpaid house allowance, unpaid leave dues, pay in lieu of notice and the underpayments, awarded in stated sums.

Reasoning

The court found house allowance was never factored into the Claimants' payments and that they were also entitled to unpaid leave dues, pay in lieu of notice and underpayments. It then quantified each head for each of the 20 consolidated causes.

p. 1

Legal principles established

#
  • Upon interlocutory judgment, liability is settled and only quantum remains, but the monetary aspects of the claim must still be proved.
  • Proof of the monetary aspects of a claim remains necessary even where the cause proceeds undefended.

Court orders

#
  1. 1.Award of underpayment to each Claimant in the stated amounts (Cause 356: Kshs. 49,920/- and corresponding sums for Causes 357-375)
  2. 2.Award of annual leave pay to each Claimant (Cause 356: Kshs. 10,608/- and corresponding sums for Causes 357-375)
  3. 3.Award of payment in lieu of notice to each Claimant (Cause 356: Kshs. 10,608/- and corresponding sums for Causes 357-375)
  4. 4.Award of unpaid house allowance to each Claimant (Cause 356: Kshs. 28,875/- and corresponding sums for Causes 357-375)
  5. 5.Costs of the suit to each Claimant

Authorities

#

Cases cited (2)

  • Regina Mwikali Wilson v Stephen M. Gichuhi & Another
    [2015] eKLR
  • Felix Mathenge v Kenya Power & Lighting Co. Ltd
    [2008] eKLR
Jurisdiction invoked
Not stated; first-instance Employment and Labour Relations Court cause (unfair labour practices, underpayment and unlawful termination)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 2413 (KLR)", Case Analysis (2019). Cause No. 356 of 2017 (consolidating Causes 357-375 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2413/eng@2019-01-24

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