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ELRCAllowedCause No 805 of 2017· [2020] KEELRC 86 (KLR)

Isack Chacha v Security Alert Services Limited [2020] KEELRC 86 (KLR)

Employment and Labour Relations Court
15 December 2020
JRJames Rika
520 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This Employment and Labour Relations Court claim, filed on 11th October 2017, concerned a Security Guard employed by the Respondent on 1st November 2013 at a monthly salary of Kshs. 8,500. The Claimant took 130 days of accrued annual leave from 13th April 2016 to 23rd August 2016; the Respondent ceased communication, and the Claimant states he resigned. He claimed Kshs. 27,957, being balance of August 2016 salary (Kshs. 8,500), uniform refund (Kshs. 5,400), public holiday pay (Kshs. 7,519) and service pay (Kshs. 6,538), plus a Certificate of Service, costs, interest and any other relief. The Respondent was served on 30th October 2017 but defaulted in entering appearance and filing a Response, filing a Memorandum of Appearance only on 1st February 2019. On the hearing date of 12th November 2019, the Respondent filed a Statement of Response that morning without leave and did not attend court; the court expunged it and proceeded to formal proof. The Claimant adopted his Statement of Claim. Judge James Rika held the uncontested claim, valued at Kshs. 27,957, was suitable for a Small Claims Court rather than a Superior Court of Record, remarking it should have been resolved at the parties' level or at the Labour Office. The claim was allowed in full: Kshs. 27,957 to be paid, a Certificate of Service to issue, costs to the Claimant, and interest at 16% per annum from the date of judgment until payment in full. Judgment was dated, signed and released electronically at Nairobi on 15th December 2020 under the Covid-19 Guidelines.

Key legal issues

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01

Suitability of small-value employment claims for the Small Claims Court

Holding

The court held that an uncontested claim of Kshs. 27,957 is suitable for a Small Claims Court, not a Superior Court of Record, and should have been resolved at the parties' level or at the Labour Office

Reasoning

The court observed that the claim's modest value and uncontested nature did not warrant occupation of a Superior Court of Record for three years. It noted the Respondent's conduct did not indicate serious opposition, and that such claims should, going forward, be dealt with in a Small Claims Court. The claim nevertheless proceeded to judgment on formal proof.

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02

Entitlement to claimed terminal dues on uncontested evidence

Holding

The court allowed the entire claim of Kshs. 27,957 on formal proof, the Respondent having filed no valid Statement of Response

Reasoning

The Respondent defaulted in entering appearance and filing a Response, then filed an out-of-time Statement of Response on the hearing date without leave; the court expunged it and recorded the Claimant's evidence. The Claimant adopted his Statement of Claim, claiming salary arrears, uniform refund, public holiday pay and service pay totaling Kshs. 27,957, which the court allowed in full.

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Legal principles established

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    Court orders

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    1. 1.Kshs. 27,957 to be paid by the Respondent to the Claimant
    2. 2.Certificate of Service to issue
    3. 3.Costs to the Claimant
    4. 4.Interest allowed at the rate of 16% per annum from the date of Judgment till payment is made in full
    Jurisdiction invoked
    Constitutional designation of the Court as a Superior Court of Record (noted by the court, without citing a specific article)

    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, "Isack Chacha v Security Alert Services Limited [2020] KEELRC 86 (KLR)", Case Analysis (2020). Cause No 805 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/86/eng@2020-12-15

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