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ELRCPartially Allowed· [2024] KEELRC 1651 (KLR)

Chemutai v Oasis Healthcare Group Limited (Cause E505 of 2023) [2024] KEELRC 1651 (KLR)

Employment and Labour Relations Court
25 June 2024
NMNzIOKI WA MAKAU
933 words in judgment
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The bottom line

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A Kenyan court awarded a doctor Kshs. 104,000 in unpaid dues because her WhatsApp messages and payment reminder proved the debt, but rejected unsupported salary arrears claims.

What this practically means

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Executive summary

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The Claimant, a medical doctor employed by the Respondent from 1st June 2022 to 23rd January 2023 at an agreed monthly salary of Kshs. 200,000/-, sued for salary arrears of Kshs. 140,000/- and unpaid locums and surgeries of Kshs. 104,000/-. She alleged the Respondent paid only Kshs. 180,000/- per month and failed to settle locum and surgery dues despite promises, prompting her to resign. The Respondent did not enter appearance or file a defence, and the claim proceeded by way of formal proof on 8th May 2024, with the Claimant testifying and filing submissions. The court found the Claimant was issued a staff number and payslips but no written contract, and that whatsapp correspondence with the Respondent's administration showed the salary was to be adjusted and that an outstanding balance of Kshs. 104,000/- fell due within 30 days of her clearance on 27th January 2023. The court held that the Kshs. 104,000/- was proved as it was the only sum claimed in the payment reminder of 24th March 2023, but that there was no indication supporting the Kshs. 140,000/- salary arrears claim, which was therefore not awarded. Judgment was entered for the Claimant for Kshs. 104,000/-, with costs of the suit and interest at court rates from the date of judgment until payment in full. The judgment was delivered at Nairobi on 25th June 2024 by Nzioki wa Makau, Judge.

Key legal issues

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01

Proof of unpaid locums and surgeries

Holding

The Claimant proved the sum of Kshs. 104,000/- owed for locums and surgeries, as it was the only sum claimed in her payment reminder of 24th March 2023

Reasoning

In an undefended cause the claimant must still establish her case on evidence. The Claimant produced whatsapp messages and a payment reminder showing the Respondent acknowledged the outstanding balance of Kshs. 104,000/-, payable within 30 days of her clearance on 27th January 2023, and later offered instalments. This established the debt.

p. 2
02

Proof of salary arrears of Kshs. 140,000/-

Holding

No relief was granted on the Kshs. 140,000/- salary arrears claim as there was no indication supporting it

Reasoning

Although the court noted evidence of underpayment (payment of Kshs. 180,000/- against an agreed Kshs. 200,000/-, with an indication the difference would be settled by cheque), no quantified indication of Kshs. 140,000/- in arrears was produced. The claim for that sum therefore failed.

p. 2

Legal principles established

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  • A claimant in an undefended suit must still prove the sums claimed on evidence; only amounts demonstrably owed will be awarded

Court orders

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  1. 1.Judgment entered for the Claimant against the Respondent for Kshs. 104,000/- being unpaid arrears
  2. 2.Costs of the suit to the Claimant
  3. 3.Interest on Kshs. 104,000/- at court rates from the date of judgment till payment in full
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment claims (claim for unpaid salary arrears, locums and surgeries)

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, "Chemutai v Oasis Healthcare Group Limited (Cause E505 of 2023) [2024] KEELRC 1651 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1651/eng@2024-06-25

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