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ELRCAllowedNot stated in judgment· [2023] KEELRC 1169 (KLR)

Asa Limited v Kimondo & 20 others (Cause 35 of 2016) [2023] KEELRC 1169 (KLR)

Employment and Labour Relations Court
5 May 2023
ANAbuodha J. N.
486 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenyan employees who quit without giving required notice can be sued successfully, especially if they ignore the court case entirely.

What this practically means

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Executive summary

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This was an undefended employment claim filed by a limited liability company against former employees engaged as loan officers on diverse dates between 2013 and 2015. The claim, lodged through a memorandum of claim on 15th January 2016, pleaded that the respondents breached their contracts and neglected their duties, causing the claimant immense damages and losses, and that despite demands they refused to pay the amounts owed. The respondents were served but neither entered appearance nor filed a defence; on 4th October 2022 (Mbaru, J) the matter was declared undefended and allowed to proceed as an undefended cause. When it came up for hearing on 17th April 2023, the claimant called one witness, Mr Benard Kinyanjui, Director of Human Resource, who adopted his witness statement and list of documents. He testified that the respondents were the claimant's employees per their appointment letters, and that they disengaged from work illegally by failing to give one month's notice or salary in lieu as their appointment letters required, and had refused to make payments despite several demands. The court found that the claimant had reasonably shown that the respondents did not follow the law in separating from their employment, and entered judgment in favour of the claimant as prayed in the claim, awarding costs and interest. The judgment was delivered virtually at Nairobi on 5th May 2023 by Abuodha J. N., with CR Advocates LLP appearing for the claimant and no appearance for the respondents.

Key legal issues

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01

Liability of former employees who deserted employment without notice in an undefended claim

Holding

Judgment was entered in favour of the claimant as prayed, with costs and interest, on the uncontroverted evidence of its Director of Human Resource.

Reasoning

The matter was declared undefended after the respondents were served but failed to enter appearance or file a defence. The claimant's sole witness adopted his witness statement and documents showing appointment letters requiring one month's notice or salary in lieu. The court found the claimant reasonably showed the respondents separated unlawfully, and entered judgment as prayed in the undefended cause.

p. 3

Legal principles established

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  • In an undefended cause, where the claimant reasonably demonstrates that respondents separated from employment unlawfully (without contractual notice or salary in lieu), judgment will be entered in favour of the claimant as prayed.

Court orders

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  1. 1.Judgment entered in favour of the Claimant as prayed in the claim
  2. 2.The Claimant to have costs of the suit
  3. 3.The Claimant to have interest
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (memorandum of claim under the Court's procedure; specific enabling provision not cited in the judgment)

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, "Asa Limited v Kimondo & 20 others (Cause 35 of 2016) [2023] KEELRC 1169 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1169/eng@2023-05-05

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