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ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 1217 (KLR)

Kenya Union of Commercial, Food and Allied Workers v Real Food Africa Limited (Cause E010 of 2024) [2025] KEELRC 1217 (KLR)

Employment and Labour Relations Court
30 April 2025
JRJames Rika
634 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan employer who ignored a conciliation report and court case was ordered to pay a former employee Kshs. 456,582 in terminal dues, costs, and interest.

What this practically means

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Executive summary

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This was an undefended employment claim filed on 22nd February 2024 by the Claimant Union on behalf of its member, Joseph Kamau Nyambura (the Grievant), who had been employed by the Respondent from 5th July 2021 as a Salesman/Driver on a monthly salary of Kshs. 20,000. On 9th March 2023 the Grievant notified the Respondent that he had terminated his contract on account of delayed salaries; the Respondent alleged desertion, which the Grievant disputed, demanding pending salaries and terminal dues. The dispute was reported to the Ministry of Labour and heard on conciliation, producing a Conciliation Report dated 5th September 2023 in which the Conciliator found in the Grievant's favour, awarding unpaid salaries, annual leave, pro-rata leave, service pay and underpayment totalling Kshs. 527,030, less Kshs. 31,000 agreed vehicle damage, for a total of Kshs. 456,582. The Respondent did not settle that amount, prompting the Claim seeking Kshs. 535,783, a certificate of service, costs and other relief. The Respondent repeatedly sought time to file a Statement of Response but filed nothing and did not participate at the hearing; the Grievant gave evidence on formal proof on 29th January 2025. The Court found the claim undefended and, since the pleadings and evidence merely rehashed the conciliation proceedings and no party disputed the Conciliator's findings, held there was no reason to depart from the Conciliation Report. It ordered payment of Kshs. 456,582, issuance of a certificate of service, costs to the Claimant, and interest at court rate from the date of judgment until payment in full.

Key legal issues

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01

Effect of an undefended claim and uncontroverted conciliation findings

Holding

The Court adopted the Conciliator's findings and recommendations, having no reason to depart from the Conciliation Report, as neither party disputed them

Reasoning

The Respondent sought several adjournments to file a Statement of Response but filed nothing and did not participate at the hearing. The claim proceeded by formal proof on the Grievant's evidence. The pleadings and evidence before the Court replicated the conciliation proceedings, and no party disputed the Conciliator's findings, which were reached objectively after hearing both parties as trier of facts.

p. 2
02

Terminal dues owed to the Grievant

Holding

The Respondent was ordered to pay Kshs. 456,582 being unpaid salaries, annual leave, pro-rata leave, service pay and underpayment, less the agreed vehicle damage of Kshs. 31,000, plus certificate of service, costs and interest

Reasoning

The Conciliator had itemised the dues: unpaid salaries of Kshs. 145,213; annual leave Kshs. 23,201; pro-rata leave Kshs. 16,107; service pay Kshs. 16,572; underpayment Kshs. 325,935; sub-total Kshs. 527,030; less Kshs. 31,000 agreed vehicle damage, giving Kshs. 456,582. The Court adopted these figures without departure.

p. 3

Legal principles established

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  • Where parties have not disputed the findings and recommendations of a Conciliator, the Court will not depart from the Conciliation Report

Court orders

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  1. 1.The Respondent shall pay to the Grievant through the Claimant, the total amount of Kshs. 456,582
  2. 2.Certificate of Service to issue
  3. 3.Costs to the Claimant
  4. 4.Interest allowed at court rate from the date of Judgment, till payment is made in full
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over a union-reported employment dispute following conciliation under the Ministry of Labour

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 Union of Commercial, Food and Allied Workers v Real Food Africa Limited (Cause E010 of 2024) [2025] KEELRC 1217 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1217/eng@2025-04-30

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