Amwayi v Nairobi Golf hotels (Kenya) Ltd (a.k.a Windsor Golf Hotel Country Club) (Cause E880 of 2021) [2022] KEELRC 1586 (KLR)
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
#Key legal issues
#Burden of proof of unremitted salary deductions
The claimant failed to discharge the evidential burden; the only proven deduction was Kshs 9,824 which the respondent admitted and offered to remit
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.
Interlocutory mandatory injunction / stay of dismissal
Refused at the interlocutory stage; such prayers are better dealt with after a full hearing
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.
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.The court declines the prayers sought by the claimant in the Notice of Motion dated September 10, 2021
- 2.The main suit filed vide Memorandum of Claim dated September 10, 2021 be prosecuted after compliance on filing of pleadings
- 3.Costs of the application be in the cause
- 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.