Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedNot stated in judgment· [2021] KEELRC 2357 (KLR)

Yves Preissler v Daluga Investmenets Limited t/a Easy Gym Kenya & another [2021] KEELRC 2357 (KLR)

Employment and Labour Relations Court
20 January 2021
MMM. Mbaru
1,597 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused quick judgment for unpaid dues because the employer's payment offer was conditional, meaning the former employee must prove his claim at a full hearing.

What this practically means

#

Executive summary

#
The claimant, formerly operations director of the 1st respondent under a 4-year employment contract dated 1st September, 2019, was summarily dismissed on 28th April, 2020. He applied by notice dated 16th November, 2020 for judgment on the admitted sum of USD 21,500 with interest from 18th May, 2020, relying on the respondents' letter of that date which listed dues comprising unpaid salaries for January to April 2020 (USD 4,500), outstanding shipping expenses (USD 7,000), untaken leave days and global relocation costs (USD 10,000). The respondents, through the affidavit of their advocate Ahmed Mahmoud, denied any admission, contending the letter was a conditional settlement offer requiring the claimant to return all company property and reimburse work permit expenses, conditions he never fulfilled. Applying Order 13 Rule 2 of the Civil Procedure Rules, 2010 and the Endebess and Isuzu East Africa authorities on judgments on admission, the court held that admissions must be plain, obvious and unequivocal. Reading the demand and response correspondence, the court found the dues were offered conditionally - subject to return of company property and deduction of visa costs - which is legitimate under sections 17 and 19 of the Employment Act, 2007. The dues were therefore not admitted unequivocally. The application was refused; the claimant's case is to be heard on priority, with pleadings closing within 21 days and a hearing date to be allocated at the registry, after which any terminal dues will be assessed and judgment entered accordingly. No costs order was made.

Key legal issues

#
01

Whether the letter dated 18th May, 2020 amounts to an admission of facts for judgment under Order 13 Rule 2

Holding

It does not; the letter was a conditional settlement offer, so judgment on admission was refused and the claim must proceed to hearing

Reasoning

Order 13 Rule 2 permits judgment on admissions of facts at any stage, but the admission must be plain, obvious and unequivocal. The respondents' letter listed dues but made payment subject to return of company property and reimbursement of visa costs, to be contained in a Final Settlement Agreement. Because the offer was conditional and the conditions unmet, the dues were not unconditionally admitted and the matter must go to full hearing for assessment of any terminal dues.

p. 3

Legal principles established

#
  • Admissions must be plain and obvious, clear on their face, and leave no room for doubt before judgment may be entered on them
  • An employer may lawfully deduct from an employee's dues costs for property held by the employee or amounts authorised by law, contract or agreement

Court orders

#
  1. 1.Application dated 16th November, 2020 not allowed in this instance
  2. 2.Pleadings shall close within twenty-one (21) days
  3. 3.A hearing date shall be allocated at the registry on priority basis
Jurisdiction invoked
Sections 17 and 19 of the Employment Act, 2007 and Order 13 Rule 2 of the Civil Procedure Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Yves Preissler v Daluga Investmenets Limited t/a Easy Gym Kenya & another [2021] KEELRC 2357 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2357/eng@2021-01-20

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