Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedMemorandum of Claim dated September 10, 2021 (application dated September 10, 2021)· [2022] KEELRC 1586 (KLR)

Amwayi v Nairobi Golf hotels (Kenya) Ltd (a.k.a Windsor Golf Hotel Country Club) (Cause E880 of 2021) [2022] KEELRC 1586 (KLR)

Employment and Labour Relations Court
2 June 2022
1,110 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court dismissed a hotel worker's bid to force his employer to remit salary deductions because he couldn't prove the amounts with his payslips.

What this practically means

#

Executive summary

#
The claimant, formerly employed by the respondent for over six years until his summary dismissal on April 21, 2021, moved the court by Notice of Motion dated September 10, 2021 seeking an order compelling the respondent to remit to ABSA Bank Kenya Ltd Kshs 117,888 allegedly deducted from his payslip from April 2020, and temporary orders staying the summary dismissal, with costs in the cause. The respondent, through its witness Leah Nzioki, opposed arguing the case at the interlocutory stage, denied deducting Kshs 117,888, and admitted only a Kshs 9,824 deduction which it was ready to remit. The court found the claimant had not produced all his payslips and that the ABSA bank statement exhibited did not demonstrate the deductions or non-remittance; the claimant's own submissions reduced the figure to Kshs 96,921, casting doubt on the claim. The only paylsip evidence showed a March 2020 deduction of Kshs 9,824, matching the respondent's admission. On the stay of dismissal, the court held the prayer overtaken by events since the dismissal had already taken effect, and relied on Siskena (1977) and Nation Media Group v Mwau on the higher threshold for interlocutory mandatory injunctions. Declining all the interlocutory prayers as better suited for determination after a full hearing, the court directed that the main suit proceed after compliance on filing of pleadings, with costs of the application in the cause.

Key legal issues

#
01

Burden of proof of unremitted salary deductions

Holding

The claimant failed to discharge the evidential burden; the only proven deduction was Kshs 9,824 which the respondent admitted and offered to remit

Reasoning

The claimant sought remittance of Kshs 117,888 but did not produce all payslips; the ABSA statement exhibited did not show the deductions or non-remittance. The claimant's own submissions reduced the claim to Kshs 96,921, undermining certainty. The only payslip evidence showed a March 2020 deduction of Kshs 9,824, matching the respondent's admission.

p. 2
02

Interlocutory mandatory injunction / stay of dismissal

Holding

Refused at the interlocutory stage; such prayers are better dealt with after a full hearing

Reasoning

The dismissal had already been effected, rendering the stay prayer overtaken by events. Citing Siskena (1977) and Nation Media Group v Mwau, an interlocutory mandatory injunction requires special circumstances and a higher standard than a prohibitory injunction. Given the numerous prayers, the court would be better placed to determine all of them after a full hearing of the main suit.

p. 3

Legal principles established

#
  • For an interlocutory mandatory injunction to issue, an applicant must demonstrate existence of special circumstances, a higher standard than for a prohibitory injunction
  • A right to obtain an interlocutory injunction is not a cause of action if it cannot stand on its own

Court orders

#
  1. 1.The court declines the prayers sought by the claimant in the Notice of Motion dated September 10, 2021
  2. 2.The main suit filed vide Memorandum of Claim dated September 10, 2021 be prosecuted after compliance on filing of pleadings
  3. 3.Costs of the application be in the cause

Authorities

#

Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B

Cases cited (2)

  • Siskena (1977) 3 ALL E.R
    [1977] 3 ALL E.R
  • Nation Media Group & 2 others v John Harun Mwau
    (2014) eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (Employment and Labour Relations Court Act); not expressly cited

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Amwayi v Nairobi Golf hotels (Kenya) Ltd (a.k.a Windsor Golf Hotel Country Club) (Cause E880 of 2021) [2022] KEELRC 1586 (KLR)", Case Analysis (2022). Memorandum of Claim dated September 10, 2021 (application dated September 10, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1586/eng@2022-06-02

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