Giro v Abdi Husen t/a Nazra Restaurant & Guest House & 2 others (Cause 149 of 2019) [2025] KEELRC 900 (KLR)
The bottom line
#A Kenyan court awarded a dismissed restaurant manager KShs 180,000 in unpaid salary but rejected his damages claim because he never detailed the unfair treatment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Claimant was employed by the Respondents and dismissed on 19 February 2019 without payment of wages for the two months worked
- 2.Whether the Claimant was subjected to unjust or unfair treatment warranting an award of general damages
- 3.What remedies and costs the Claimant is entitled to
Key legal issues
#Unpaid wages upon termination
The Claimant proved employment from 2 January 2019 to 19 February 2019 at a monthly salary of Kshs 120,000/- and non-payment of wages for the two months; he admitted receiving Kshs 60,000/-, leaving Kshs 180,000/- payable.
The Claimant testified under oath that he was employed as a Manager at Kshs 120,000/- per month and dismissed on 19 February 2019 without payment of wages. The Respondents were served but never entered appearance or filed a response, so the testimony was unrebutted. He admitted receipt of Kshs 60,000/- out of the Kshs 240,000/- claimed, and the Court awarded the balance of Kshs 180,000/-.
General damages for unfair treatment
This head of claim failed because particulars of the alleged unfair treatment were neither pleaded nor proved.
The Claimant contended he was treated unfairly in the manner of his eviction from the work-provided residence and sought general damages. The Court found that no specific particulars of the unjust or unfair treatment were set out in the pleadings, and on that basis the head of claim was not proved and was declined.
Legal principles established
#- Uncontroverted sworn testimony admitted under oath may found a judgment, including on a claim for unpaid wages, even where the respondent does not participate.
- A party who alleges unfair treatment must plead and prove specific particulars of that treatment to sustain a claim for general damages.
Court orders
#- 1.Award of unpaid salary in the sum of Kshs 180,000/- to the Claimant
- 2.The Claimant to have costs of the Cause
- 3.No interest awarded at the Claimant's own request
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a claim of breach of contract and unfair treatment in employment
Relief refused
#General damages for unjust and unfair treatment
The Claimant did not plead or prove specific particulars of the alleged unfair treatment.
Interest on the award
The Claimant himself, citing his faith, did not seek interest.
Costs
The Claimant to have costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Claimant's testimony was not rebutted or interrogated, and it was under oath. He admitted receipt of Kshs 60,000/- out of the Kshs 240,000/- he is seeking.
The Claimant did not provide specific particulars of the unjust or unfair treatment in the pleadings, and the Court finds he did not prove this head of the claim.
Arising from the above, the Court awards the Claimant: (i) Unpaid salary Kshs 180,000/-
The Claimant to have costs.
Issues in the judgment
#The names of the three Respondents are not expressly set out in the judgment, which refers only to 'the 3 Respondents' and to the business Nazra Restaurant & Guest House.
The Cause number of the suit is not stated anywhere in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Giro v Abdi Husen t/a Nazra Restaurant & Guest House & 2 others (Cause 149 of 2019) [2025] KEELRC 900 (KLR)", Case Analysis (2025). Not stated in judgment (Cause filed 7 March 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/900/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.