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ELRCAllowedNot stated in the judgment· [2020] KEELRC 1807 (KLR)

Kenya National Private Security Workers Union v Kleen Homes Security Services Ltd [2020] KEELRC 1807 (KLR)

Employment and Labour Relations Court
29 January 2020
MNMathews N. Nduma
564 words in judgment
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The bottom line

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A Kenyan security guard won Kshs 218,114 in terminal benefits because her employer showed up to deny the claim but produced no evidence to challenge it.

What this practically means

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Executive summary

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The claimant union sued on behalf of its member, Clare Adhiambo Aura, a security guard employed by the respondent from 1st August 2013 at a monthly salary of Kshs. 5,000 until her summary dismissal on 17th December 2014. Following unsuccessful union intervention and conciliation, a certificate of unresolved dispute was issued. The claim sought terminal benefits totalling Kshs. 218,114.20: salary arrears for 16 days in December 2014, one month's salary in lieu of notice, underpayments under Legal Notice Orders 71 of 2012 and 197 of 2016, accrued leave days and leave travelling allowance, overtime for four hours worked daily, public holiday pay, house allowance, and a certificate of service. The claimant testified and produced the wage orders and the certificate of unresolved dispute. The respondent, despite filing a response with general denials and asserting the claimant had absconded duty, adduced no evidence. The claimant notably did not seek compensation for the summary dismissal itself, only terminal benefits. The court found all reliefs proved on a balance of probabilities and entered judgment for the claimant in the full sum of Kshs. 218,114.20, with interest at court rates from the date of filing suit until payment in full. The respondent was ordered to issue a certificate of service within 30 days and to pay the costs of the suit. Judgment was delivered at Bungoma on 29th January 2020 by Mathews N. Nduma, Judge.

Key legal issues

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01

Proof of terminal benefits where the respondent adduces no evidence

Holding

The claimant's uncontradicted testimony and documentary evidence (wage orders, certificate of unresolved dispute) proved all reliefs claimed.

Reasoning

The claimant testified under oath and produced the applicable general wage orders and the certificate of unresolved dispute. The respondent filed a response with general denials but called no evidence. Unrebutted evidence on a balance of probabilities established the claims for salary arrears, notice pay, underpayment, leave, overtime, public holidays, house allowance and a certificate of service.

p. 1

Legal principles established

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  • A claimant who testifies and produces documentary support for reliefs not contradicted by the respondent's evidence proves the claim on a balance of probabilities.

Court orders

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  1. 1.Judgment entered in favour of the claimant against the respondent as prayed in the sum of Kshs. 218,114.20
  2. 2.The award is payable with interest at court rates from date of filing suit till payment in full
  3. 3.The respondent to provide the claimant with a certificate of service within 30 days of the judgment
  4. 4.The respondent to pay costs of the suit

Authorities

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Legislation

  • Protective Security Order1998
  • General Legal Notice OrderNo. 71 of 2012
  • Legal Notice OrderNo. 197 of 2016
Jurisdiction invoked
Employment and labour relations jurisdiction following an unresolved dispute certificate issued by the Ministry of Labour

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, "Kenya National Private Security Workers Union v Kleen Homes Security Services Ltd [2020] KEELRC 1807 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/1807/eng@2020-01-29

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