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ELRCDismissedNot stated in the judgment text provided· [2020] KEELRC 1499 (KLR)
Rosejeddy Achieng Odede v China Dalian International Economic and Technical Group Ltd Bachuma Gate Project; CAS Consultant Engineering Ltd(Interested Party) [2020] KEELRC 1499 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#By a Statement of Claim dated 9th March 2018, the Claimant, formerly employed as a Laboratory Attendant by the Interested Party (a consultant on the Maji ya Chumvi-Bachuma Gate Road Project, where the Respondent was the contractor), sued for unpaid overtime of Kshs. 48,859, covering April/May 2017 (241 hours at Kshs. 139, being Kshs. 29,746) and September/October 2017 (137.5 hours at Kshs. 139, being Kshs. 19,113), together with costs and interest. She pleaded an arrangement between the Respondent and the Interested Party whereby the Interested Party paid her normal-hours salary while the Respondent bore overtime payments, and alleged that the Respondent had paid overtime for all other periods. Neither the Respondent nor the Interested Party filed a response, so the matter proceeded by formal proof. The court held that an overtime claim is in the nature of special damages, which must be specifically pleaded and proved with certainty and particularity, applying the Court of Appeal's decision in John Richard Okuku Oloo v South Nyanza Sugar Co. Ltd. The Claimant's only evidence was an overtime form bearing her name, with no attempt to link its contents to the figures claimed. The claim was found not proved to the required standard and was dismissed, with no order for costs.
Key legal issues
#01
Proof of overtime claim as special damages
Holding
The claim failed because the Claimant did not prove the special damages to the required standard; a lone overtime form without linkage to the figures claimed was insufficient.
Reasoning
The court characterised overtime compensation as special damages, which must be specifically pleaded and proved with certainty and particularity, citing John Richard Okuku Oloo v South Nyanza Sugar Co. Ltd. The Claimant produced only an overtime form bearing her name but made no attempt to connect its contents with the figures stated in the claim. The Claimant therefore failed to discharge the burden of proof and the claim was dismissed.
p. 2
Legal principles established
#- Special damages must be specifically pleaded and proved with a degree of certainty and particularity
Court orders
#- 1.The Claimant's claim for overtime compensation is dismissed
- 2.No order for costs
- Jurisdiction invoked
- Employment and labour relations dispute before the Employment and Labour Relations Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rosejeddy Achieng Odede v China Dalian International Economic and Technical Group Ltd Bachuma Gate Project; CAS Consultant Engineering Ltd(Interested Party) [2020] KEELRC 1499 (KLR)", Case Analysis (2020). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1499/eng@2020-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.