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ELRCOtherEmployment and Labour Relations Cause E094 of 2023· [2024] KEELRC 1733 (KLR)

Wahome v Judicial Service Commission (JSC) (Employment and Labour Relations Cause E094 of 2023) [2024] KEELRC 1733 (KLR)

Employment and Labour Relations Court
5 July 2024
AMAnna Ngibuini Mwaure
509 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court closed a payment dispute after payslips proved the employee was paid during suspension, and his failure to respond counted against him.

What this practically means

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Executive summary

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This is a short award issued by the Employment and Labour Relations Court at Nairobi following the court's judgment of 28th November 2023, in which the court had held that the petitioner, Samuel Muthee Wahome, ought to have been paid an alimentary allowance for the period he was under suspension (from 16th May 2019) until his employment was terminated on 27th February 2023. The respondent, the Judicial Service Commission, filed a further affidavit deponed by Isaac Kamau, Assistant Director Human Resource Management and Development, confirming that it had paid the petitioner his alimentary allowance during the suspension at one-third of his salary pursuant to clause H.14 of the Human Resource and procedure manual, and annexed payslips and other exhibits. The court noted that the petitioner had earlier informed the court that he had not been paid any salary during suspension, which had prompted the prior order, but that he filed no response to and did not refute the respondent's averments on payment. Satisfied on the replying affidavit, payslips and exhibits that the petitioner had been paid all his dues during the suspension, the court held that no further dues remained and marked the file as closed. The award was delivered virtually under the COVID-19 directions of the Chief Justice, citing Articles 159(2)(d) and 48 of the Constitution and Section 1B of the Civil Procedure Act. No costs order was recorded.

Key legal issues

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01

Whether alimentary allowance was paid during suspension

Holding

The respondent did pay the petitioner his alimentary allowance at 1/3 of salary under clause H.14 of the Human Resource and procedure manual during the suspension, contrary to the petitioner's claim of non-payment

Reasoning

The respondent, through a further affidavit deponed by the Assistant Director Human Resource Management and Development, confirmed payment of the alimentary allowance and annexed payslips and exhibits. The petitioner had told the court he was not paid during suspension, which had triggered the earlier judgment, but he filed no response refuting the respondent's averments. The court was therefore satisfied that payment was made and no dues remained.

p. 1

Legal principles established

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  • Where a party's deponed averments supported by documentary exhibits (payslips) are not refuted or responded to, the court may accept them as establishing the fact of payment

Court orders

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  1. 1.Finding that the respondent paid the petitioner his dues, including alimentary allowance, during the period of suspension
  2. 2.The file is marked as closed

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Act; Article 159(2)(d) and Article 48 of the Constitution invoked regarding virtual delivery

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, "Wahome v Judicial Service Commission (JSC) (Employment and Labour Relations Cause E094 of 2023) [2024] KEELRC 1733 (KLR)", Case Analysis (2024). Employment and Labour Relations Cause E094 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1733/eng@2024-07-05

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