Mwinzi v Athi River Marble & Granite Ltd (Cause 356 of 2018) [2023] KEELRC 2408 (KLR)
The bottom line
#A Kenyan employer who denies a worker's claim without evidence lost, paying Kshs.259,368 in terminal dues plus full costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Claimant was an employee of the Respondent
The court found the employment relationship established on the strength of the Claimant's documents, witness statement and demand letter
The court relied on the Claimant's supplementary list of documents, his witness statement and a demand letter dated June 7, 2021 drawn by Kituo Cha Sheria. The Respondent filed no submissions and its defence was a bare denial that did not engage the evidence. On the material before it, the court was satisfied the Claimant was employed as a Stone Mason from February 2012 until his alleged redundancy in March 2016.
Whether the Claimant is owed terminal dues as claimed
The Claimant was owed and awarded salary arrears of Kshs.242,000.00 and annual leave pay of Kshs.16,968.00, totalling Kshs.259,368.00
The court found the Claimant's case overwhelmingly supported by the material on record while the defence was hollow or completely absent. The Respondent's defence merely denied and rubbished the claim without offering any substantial answer, so it could not stand as a defence. The court accordingly awarded the sums particularised in the claim.
Costs of the cause
Costs were awarded to the Claimant against the Respondent
Having succeeded in his claim, the Claimant was granted costs of the suit, which the court directed the Respondent to bear.
Legal principles established
#- A bare denial that does not answer the claim or the issues raised does not constitute a defence capable of consideration by the court
- In employment claims, the claimant proves his case on a balance of probabilities and preponderance of evidence
Court orders
#- 1.Payment of salary arrears of Kshs.242,000.00
- 2.Payment of annual leave pay of Kshs.16,968.00
- 3.Total award of Kshs.259,368.00 to the Claimant
- 4.Costs of the suit to be borne by the Respondent
- Jurisdiction invoked
- Employment and labour relations jurisdiction (claim for terminal benefits); specific provision not cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwinzi v Athi River Marble & Granite Ltd (Cause 356 of 2018) [2023] KEELRC 2408 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2408/eng@2023-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.