Amina Guyo Dalacha & 19 others v Jiangxi Zhongmei Engineering Construction Company Limited [2019] KEELRC 2413 (KLR)
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
#Key legal issues
#Effect of failure to defend on liability
Liability is settled at 100% upon the Respondent's failure to defend, leaving only quantum for determination.
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.
Whether Sunday, public holiday and overtime underpayment claims were proved
These claims failed for want of proof, as no computation of actual days and hours worked was offered.
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.
Entitlement to house allowance, leave pay, notice pay and general underpayment
Each Claimant was entitled to unpaid house allowance, unpaid leave dues, pay in lieu of notice and the underpayments, awarded in stated sums.
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.
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.Award of underpayment to each Claimant in the stated amounts (Cause 356: Kshs. 49,920/- and corresponding sums for Causes 357-375)
- 2.Award of annual leave pay to each Claimant (Cause 356: Kshs. 10,608/- and corresponding sums for Causes 357-375)
- 3.Award of payment in lieu of notice to each Claimant (Cause 356: Kshs. 10,608/- and corresponding sums for Causes 357-375)
- 4.Award of unpaid house allowance to each Claimant (Cause 356: Kshs. 28,875/- and corresponding sums for Causes 357-375)
- 5.Costs of the suit to each Claimant
- 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.