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ELRCAllowedNot stated in judgment· [2023] KEELRC 1334 (KLR)

Nyamai v Naivasha Rocky Eco-Lodge Aka Rocky Resort (Employment and Labour Relations Cause E003 of 2023) [2023] KEELRC 1334 (KLR)

Employment and Labour Relations Court
25 May 2023
HWHellen Wasilwa
695 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court awarded a former hotel manager over KShs 1.4 million in unpaid salary, leave and rest day pay after his employer ignored the lawsuit.

What this practically means

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Executive summary

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The claimant, formerly the Food and Beverage manager of Naivasha Rocky Eco-lodge since July 2016 on a monthly salary of Kshs 80,000, sued his employer for unpaid salaries from June 2019 to March 2020, unpaid leave for three years and unpaid rest days. He alleged he was forced to resign in March 2020 because the respondent stopped paying his salary, amounting to constructive dismissal, and that he had never taken leave and worked rest days without pay throughout his employment. He sought Kshs 800,000 in salary arrears, Kshs 193,846 for unpaid leave, Kshs 442,944 for unpaid rest days, interest and costs. The respondent was served with summons and pleadings on February 17, 2023 but did not enter appearance or file a defence, and the claim proceeded as an undefended claim. At the hearing on April 19, 2023 the claimant adopted his witness statement and documents, including M-pesa statements evidencing his monthly salary, and closed his case without filing submissions. The court, per Hellen Wasilwa J, found the claim proved and awarded the full amounts claimed: Kshs 800,000 in unpaid salaries, Kshs 193,846 for unpaid leave and Kshs 442,944 for unpaid rest days, totaling Kshs 1,436,790 less statutory deductions. The respondent was ordered to pay costs of the suit plus interest at court rates. Judgment was delivered on May 25, 2023.

Key legal issues

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01

Whether the claimant proved unpaid salary, leave and rest day claims in an undefended suit

Holding

The court found the claim proved and awarded the full amounts claimed: Kshs 800,000 salary arrears, Kshs 193,846 unpaid leave and Kshs 442,944 unpaid rest days, less statutory deductions

Reasoning

The claimant was served with summons and pleadings on February 17, 2023 but the respondent neither entered appearance nor filed a defence, so the claim proceeded undefended. At the hearing on April 19, 2023, the claimant adopted his witness statement and documents, including M-pesa statements evidencing prior salary payments of Kshs 80,000 monthly. The court found this uncontroverted evidence sufficient to prove the claim.

p. 2

Legal principles established

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  • An undefended claim may be proved on a balance of probability where the claimant testifies and produces supporting documents despite the respondent's failure to enter appearance

Court orders

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  1. 1.Unpaid salaries from June to December 2019 and January, February and March 2020 = Kshs 800,000
  2. 2.Unpaid leave for 3 years computed at Kshs 193,846
  3. 3.Unpaid rest days computed at Kshs 442,944 (total Kshs 1,436,790 less statutory deductions)
  4. 4.The respondent will pay costs of this suit plus interest at court rates
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (memorandum of claim dated January 9, 2023); specific constitutional/statutory provision not cited in 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, "Nyamai v Naivasha Rocky Eco-Lodge Aka Rocky Resort (Employment and Labour Relations Cause E003 of 2023) [2023] KEELRC 1334 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1334/eng@2023-05-25

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