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ELRCAllowedCause 2103 of 2017· [2020] KEELRC 1117 (KLR)

Edwin Kipngeno Rotich v Kenya Institute of Studies in Criminal Justice [2020] KEELRC 1117 (KLR)

Employment and Labour Relations Court
30 April 2020
HWHellen S. Wasilwa
592 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 a part-time lecturer over Kshs. 133,000 in unpaid salary because the college never showed up to defend itself.

What this practically means

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Executive summary

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The Claimant, a Tutor/Lecturer, sued the Respondent on 18/10/2017 for non-remitted salary under two teaching contracts dated 8/9/2015 and 23/1/2016, one covering part-time and full-time lecturing in the September-December 2015 academic calendar and the other the January-April 2016 calendar. He claimed Kshs. 61,875 and Kshs. 71,250 respectively, totalling Kshs. 133,125, computed at Kshs. 500 per hour, plus costs and interest. He sought the sum of Kshs. 133,125, costs of the suit, interest at court rates from the date of filing, and any other relief the court deemed fit. The Respondent neither entered appearance nor filed a response, so the cause proceeded as an undefended cause. The Claimant adopted his witness statement dated 17/10/2017 as evidence in chief, detailing the units taught, hours lectured, and the Respondent's financial difficulties and subsequent refusal to pay. In submissions, he maintained that the claim was uncontroverted and that, costs following the event under section 27 of the Civil Procedure Act, he was entitled to the full reliefs. The court, proceeding ex parte, found the evidence uncontroverted and proved as expected. It found for the Claimant and awarded him as prayed: Kshs. 133,125 plus costs and interest at court rates from the date of filing suit. Judgment was dated and delivered in chambers via Zoom on 30th April 2020, with no appearance for the parties.

Key legal issues

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01

Proof of an undefended claim for unpaid salary

Holding

The court found the claim proved on the uncontroverted evidence and awarded the sums claimed under the two contracts

Reasoning

The suit proceeded ex parte as the Respondent neither entered appearance nor filed a response. The Claimant adopted his witness statement and tabulated the hours lectured under the two contracts dated 8/9/2015 and 23/1/2016 at Kshs. 500 per hour. The court held the evidence uncontroverted and proved, and awarded the full claimed amount of Kshs. 133,125 with costs and interest.

p. 2

Legal principles established

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  • In an undefended cause, an uncontroverted claim proved by the claimant's evidence entitles the claimant to the reliefs sought

Court orders

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  1. 1.Judgment for the Claimant in the sum of Kshs. 133,125
  2. 2.Costs of the suit to the Claimant
  3. 3.Interest at court rates on the award from the date of filing suit

Authorities

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Legislation

  • Civil Procedure Actsection 27
Jurisdiction invoked
Employment and labour relations jurisdiction over a claim for non-remitted salary

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, "Edwin Kipngeno Rotich v Kenya Institute of Studies in Criminal Justice [2020] KEELRC 1117 (KLR)", Case Analysis (2020). Cause 2103 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1117/eng@2020-04-30

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