Ngunjiri v Sony Trading Company Limited (Cause 770 of 2016) [2023] KEELRC 3059 (KLR)
The bottom line
#A Kenyan employment court refused an employer's bid to pay Kshs. 434,000 in salary arrears in tiny instalments, ruling salaries are legally protected and must be paid promptly.
What this practically means
#Executive summary
#Key legal issues
#Whether instalment payment of a decretal sum comprising salary arrears is permissible
The application was declined because the proposed instalments would perpetuate violation of Section 17 of the Employment Act, which protects salaries
The court held that salaries are statutorily protected and must be paid as and when they fall due. The arrears arose in 2015, over eight years earlier, and the Respondent had adequate time to pay. Allowing instalments of Kshs. 15,000 monthly would stretch payment over 53 months and attract further interest, amounting to continuing violation of Section 17. The Claimant's counter-proposal of Kshs. 130,000 instalments was considered generous and left for the Respondent to accept, reject or renegotiate without the Court's aid.
Legal principles established
#- Salaries enjoy statutory protection under Section 17 of the Employment Act and must be paid as and when they fall due
Court orders
#- 1.The Respondent's Application dated 9th May 2023, amended on 24th May 2023, is declined
- 2.Costs to the Claimant
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the employment claim and post-judgment application; Employment Act 2007, Section 17
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngunjiri v Sony Trading Company Limited (Cause 770 of 2016) [2023] KEELRC 3059 (KLR)", Case Analysis (2023). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3059/eng@2023-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.