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ELRCPartially AllowedCause No. 1472 of 2017· [2020] KEELRC 1787 (KLR)

James Kisyanga Maanga v Njuga Consolidated Company Limited [2020] KEELRC 1787 (KLR)

Employment and Labour Relations Court of Kenya
23 January 2020
1,404 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A retired Kenyan employee lost claims for 12 years' leave pay and house allowance because his own employer's records showed he took leave and was housed.

What this practically means

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Executive summary

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The Claimant, James Kisyanga Maanga, sued Njuga Consolidated Company Limited seeking Kshs. 541,791/- as terminal dues, plus costs and interest, alleging wrongful and unfair non-payment of his benefits upon retirement on 15th March 2016 after long service rising from security guard to Supervisor earning Kshs. 13,000/- monthly. The Respondent admitted the employment but contended the Claimant voluntarily retired, refused to accept his computed dues while making unreasonable demands, was housed by the Respondent until 2011, and periodically took annual leave, rendering the leave and house allowance claims untrue. In submissions, the Respondent admitted indebtedness of Kshs. 305,525/- per its letter dated 21st March 2016 and urged judgment in that sum, alternatively that each party bear its own costs. The court, per Hellen S. Wasilwa J, found no dispute that the Claimant worked for and retired honourably from the Respondent. Leave application forms produced by the Respondent showed the Claimant periodically took leave, defeating the 12-year leave claim; the Claimant's admission that he was housed in a wooden room defeated the house allowance claim. The court held the only remedy available was the tabulation of final dues in the Respondent's Appendix 5, which the Claimant should collect if not already done, and dismissed the rest of the claim with no order as to costs. Judgment dated and delivered 23rd January 2020.

Key legal issues

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01

Entitlement to payment in lieu of untaken leave

Holding

The claim for 12 years' untaken leave failed because documentary evidence showed the Claimant periodically took leave

Reasoning

The Respondent produced leave application forms (Appendices 2(c) through 2(v)) demonstrating that the Claimant periodically went on leave during his employment. On that documentary evidence, the court found the claim for leave for all 12 years not tenable, notwithstanding the Claimant's reliance on Sections 28 and 31(1) of the Employment Act and the authorities he cited.

p. 3
02

Entitlement to house allowance

Holding

The house allowance claim failed because the Claimant was housed by the Respondent

Reasoning

The Claimant admitted on cross-examination that he was allocated a wooden room in the Company where he stayed, and that his appointment letter made no reference to house allowance. The court held that being housed, whatever the nature of the accommodation, defeated the claim for house allowance; the Respondent had also contended the contract did not provide for house allowance.

p. 3
03

Terminal dues payable on retirement

Holding

The only remedy available was the amount tabulated in the Respondent's own Appendix 5, which the Respondent admitted as Kshs. 305,525/-

Reasoning

There was no dispute that the Claimant worked for the Respondent and retired honourably at retirement age. The Respondent admitted indebtedness in the sum of Kshs. 305,525/- per its letter dated 21st March 2016 and urged judgment in that amount. The court restricted the Claimant's entitlement to that admitted and tabulated figure, dismissing the rest of the claim.

p. 3

Legal principles established

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  • An employee who was housed by the employer is not entitled to a further claim for house allowance
  • A claim for payment in lieu of leave for years in which the employee took leave is not tenable where leave application forms exist

Court orders

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  1. 1.The Claimant is entitled to the amount indicated in the Respondent's Appendix 5 showing tabulation of final dues, which he should go and pick if not already done
  2. 2.The rest of the claim is dismissed with no order as to costs

Authorities

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Legislation

  • Employment Act, 2007Section 28
  • Employment Act, 2007Section 31(1)

Cases cited (2)

  • Pamela Nelima Lutta Vs Mumias Sugar Company Limited
    (2017) eKLR
  • Ngurua Muita Vs Gyto Success Company Limited
    (2017) eKLR
Jurisdiction invoked
Employment and labour relations jurisdiction under Article 162(2) of the Constitution (Employment and Labour Relations Court)

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, "James Kisyanga Maanga v Njuga Consolidated Company Limited [2020] KEELRC 1787 (KLR)", Case Analysis (2020). Cause No. 1472 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1787/eng@2020-01-23

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