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ELRCAllowedCase No 373 of 2018· [2020] KEELRC 363 (KLR)

Adda Kodero Vincent & 8 others v County Government of Kisumu & another [2020] KEELRC 363 (KLR)

Employment and Labour Relations Court
15 October 2020
MNMathews N. Nduma
449 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court awarded nine former employees over Kshs. 1 million each in unpaid gratuity after their employer failed to defend the case.

What this practically means

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Executive summary

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Nine claimants filed suit on 14th November 2018 in the Employment and Labour Relations Court claiming liquidated terminal dues in the nature of gratuity, together with a certificate of service, costs and interest. The 1st respondent did not enter appearance or file a defence despite service of summons and the statement of claim. The 6th claimant, Dr. Rose Kisia Omondi, testified in formal proof of the claims, and the claimants filed written submissions on 4th February 2020. The court found that the claimants had proved their claims on a balance of probabilities and entered judgment in their favour as against the 1st respondent under prayers (b), (c), (d) and (e) of the statement of claim. Specific sums of gratuity were awarded to each of the nine claimants, ranging from Kshs. 1,009,050.00 to Kshs. 3,079,462.00. In addition, the 6th claimant, Rose Auma Kisia Omondi, was awarded four months' arrear salary of Kshs. 1,400,000.00. The court ordered that certificates of service be issued to the claimants within 30 days of judgment, awarded costs of the suit, and granted interest at court rates from the date of filing suit until payment in full. The judgment was delivered online pursuant to COVID-19 measures, with the parties' consent waiving compliance with Order 21 rule 1 of the Civil Procedure Rules, guided by Articles 159(2)(d) and 48 of the Constitution and Section 18 of the Civil Procedure Act.

Key legal issues

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01

Proof of terminal dues in an undefended suit

Holding

The claimants proved their claims for gratuity, arrear salary and certificate of service on a balance of probabilities and judgment was entered against the 1st respondent.

Reasoning

The suit was not defended despite service of summons and statement of claim. The 6th claimant testified in formal proof on behalf of all claimants, and the claimants filed written submissions. On that uncontroverted evidence, the court was satisfied that the claims for liquidated terminal dues, arrear salary and certificates of service were proved to the required standard and entered judgment as prayed.

p. 1

Legal principles established

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  • A claim in employment for terminal dues may be established on a balance of probabilities in formal proof where the suit is undefended despite service

Court orders

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  1. 1.Judgment entered in favour of the claimants on prayers (b), (c), (d) and (e) of the statement of claim against the 1st respondent
  2. 2.Payment of gratuity to each of the nine claimants in the stated sums (Kshs. 1,009,050.00 to Kshs. 3,079,462.00)
  3. 3.Payment of four months' arrear salary of Kshs. 1,400,000.00 to the 6th claimant, Rose Auma Kisia Omondi
  4. 4.Certificate of service to be granted to the claimants within 30 days of judgment
  5. 5.Costs of the suit to the claimants
  6. 6.Interest at court rates from date of filing suit till payment in full

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(d)
  • Constitution of Kenya, 2010Article 48
  • Civil Procedure Act (chapter 21)Section 18
  • Civil Procedure RulesOrder 21 rule 1
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over terminal dues claims; Article 159(2)(d) and Article 48 of the Constitution invoked for online delivery of judgment

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, "Adda Kodero Vincent & 8 others v County Government of Kisumu & another [2020] KEELRC 363 (KLR)", Case Analysis (2020). Case No 373 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/363/eng@2020-10-15

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