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ELRCAllowedCause No E007 of 2021· [2024] KEELRC 1027 (KLR)

Kenya County Government Workers Union v County Government of Kisii & 2 others (Cause E007 of 2021) [2024] KEELRC 1027 (KLR)

Employment and Labour Relations Court
18 April 2024
CBChristine N. Baari
872 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment and Labour Relations Court ordered Kisii County to pay Kshs. 217 million in unpaid salary arrears to former local authority workers.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Kisumu (Christine N. Baari, Judge) finalizes a claim arising from the court's judgment of 24th November 2022, in which the Claimant union was found entitled to recover unpaid staff emoluments accrued under the defunct Local Authorities within Kisii County, with the court directing the 1st Respondent to provide accurate records of the amounts owed per employee. Pursuant to that direction, the Respondents filed an affidavit of George Matiro, Principal Human Resources Officer, stating salary arrears of Kshs. 35,645,062 and objecting that the Claimant's list included employees of the defunct Keroka Town Council under Nyamira County, and that many employees had since died, resigned, transferred or retired. The Claimant, in a reply sworn by George Onyinkwa, maintained that the verified IGRTC October 2018 report to the Kisii County Assets and Liabilities Committee captured the arrears at Kshs. 217,317,562, and that accrued dues cannot be extinguished by death, retirement, resignation or transfer absent proof of payment. The court held that the Respondents' affidavit attempted to reopen issues already determined, that no proof of payment to deceased, retired, resigned or transferred employees was produced, and that the Respondents as custodians of records had failed to assist. Guided by the IGRTC report and the letter of 22nd March 2019 on liquidation of liabilities, the court ordered the Respondents to pay the Claimant's members Kshs. 217,317,562 in unpaid staff emoluments, with each party bearing its own costs in the interest of social partnership.

Key legal issues

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01

Quantum of outstanding salary arrears owed to employees of defunct local authorities

Holding

The court adopted the IGRTC October 2018 figure of Kshs. 217,317,562 rather than the Respondents' figure of Kshs. 35,645,062

Reasoning

The 24th November 2022 judgment had found the claim merited, with only the payee and per-employee amounts outstanding. The Respondents' affidavit digressed and sought to reopen determined issues, and they failed to demonstrate payment to deceased, retired, resigned or transferred employees. The court therefore relied on the verified IGRTC report and the 22nd March 2019 letter on liquidation of liabilities to fix the total sum.

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02

Whether the Respondents could dispute liabilities of employees who died, retired, resigned or transferred

Holding

No; the dues remained payable absent proof of settlement

Reasoning

The Respondents asserted that 61 employees died, 7 resigned and were paid, 16 transferred and 240 retired and were paid, but produced no proof of payment. The Claimant countered that dues legitimately accrued cannot be extinguished by death, retirement, resignation or transfer. The court agreed, noting dues of deceased and transferred employees were unaccounted for and resignation carries an entitlement to dues.

p. 2

Legal principles established

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  • Accrued employee dues remain payable notwithstanding the employee's death, resignation, retirement or transfer of service, absent proof of settlement
  • A party directed to provide records who fails to assist the court leaves the court to determine final orders on documents already produced in evidence

Court orders

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  1. 1.The Respondents to pay the Claimant's members a sum of Kshs. 217,317,562/- being unpaid staff emoluments owed by the defunct Local Authorities
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under its constitutive statute (not expressly cited); ruling on its own judgment of 24th November 2022

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, "Kenya County Government Workers Union v County Government of Kisii & 2 others (Cause E007 of 2021) [2024] KEELRC 1027 (KLR)", Case Analysis (2024). Cause No E007 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1027/eng@2024-04-18

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