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ELRCPartially AllowedELRC Cause (Nairobi) — judgment cited as delivered 13th June 2025· [2025] KEELRC 1744 (KLR)

Miyare v Stabex International Limited (Cause E125 of 2024) [2025] KEELRC 1744 (KLR)

Employment and Labour Relations Court
13 June 2025
1,427 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Claimant, formerly employed by the Respondent as an LPG Manager, resigned on 2nd November 2022. The Respondent replied attaching a schedule of salary dues of Kshs. 353,333.33 but refused to pay despite a demand letter, contending that the Claimant had failed to account for LPG and LPG cylinders valued at Kshs. 511,450/= requisitioned for sale before his resignation. The Respondent also filed a Counterclaim and Set Off for Kshs. 529,250/=, comprising the unaccounted stock and Kshs. 17,800/= costs awarded in Thika Small Claims Case No. E191 of 2023 where the Claimant's identical claim was struck out for want of jurisdiction. The matter was determined on documentary evidence by consent under Rule 59 of the ELRC (Procedure) Rules, 2024. The Court found the Respondent had admitted the Claimant's claim of Kshs. 353,333.33 in its Response and submissions. Although the Counterclaim went undefended, the Respondent was still bound to prove it on a balance of probabilities. Applying Gichinga Kibutha v Caroline Nduku, the Court held that the Customer Statement showing a deficit of Kshs. 511,450/= did not link the Claimant to the deficit, so that limb failed. The second limb succeeded: the Certificate of Stated Costs of Kshs. 17,800/= had not been set aside or settled. Judgment was entered for the Claimant for Kshs. 353,333.33; the Counterclaim was allowed only to the extent of Kshs. 17,800/=, which was set off against the award, leaving a final award of Kshs. 335,533.33 with interest from the date of judgment, and the Respondent to bear 50% of the taxed costs.

Key legal issues

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01

Whether the Respondent proved its Counterclaim for unaccounted LPG and cylinders despite the Claimant not filing a response

Holding

The first limb failed; a Customer Statement showing a deficit of Kshs. 511,450/= did not link the Claimant to the deficit

Reasoning

Although the Counterclaim was undefended, the Respondent bore the burden of proving it on a balance of probabilities. The only evidence was a Customer Statement with a balance column showing a deficit of Kshs. 511,450/=. Beyond that document, the Respondent adduced no evidence connecting the Claimant to the deficit, and therefore failed to prove liability for the loss of the LPG and cylinders.

p. 3
02

Whether the Respondent was entitled to the costs awarded in Thika Small Claims Case No. E191 of 2023

Holding

Yes; the Decree and Certificate of Stated Costs for Kshs. 17,800/= remained unsatisfied and were not set aside or varied

Reasoning

The Respondent annexed a Decree and Certificate of Stated Costs showing costs of Kshs. 17,800/= assessed in its favour when the Claimant's prior small claims case was struck out. There was no evidence the certificate had been set aside, varied or settled, so that sum was due to the Respondent and the Counterclaim succeeded to that extent.

p. 3

Legal principles established

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  • An undefended claim or counterclaim must still be proved to the requisite standard; non-response does not automatically entitle the claimant to judgment

Court orders

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  1. 1.Judgment entered in favour of the Claimant for Kshs. 353,333.33 being terminal dues
  2. 2.Counterclaim partly allowed; Respondent awarded Kshs. 17,800.00 being costs awarded in Thika Small Claims Comm. Case No. E191 of 2023
  3. 3.The sum of Kshs. 17,800/= set off against the Claimant's award, final award to the Claimant being Kshs. 335,533.33
  4. 4.Final award to attract interest at court rates from the date of Judgment until payment in full
  5. 5.Respondent to bear 50% of the taxed costs

Authorities

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Legislation

  • Evidence ActSection 107
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 59
  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of Kenya, 2010Article 159(2)(d)
  • Constitution of Kenya, 2010Article 48
  • Civil Procedure ActSection 1B
  • Employment Act

Cases cited (1)

  • Gichinga Kibutha v Caroline Nduku
    [2018] KEELC 3981 (KLR)
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and the Employment and Labour Relations Court (Procedure) Rules, 2024 (matter determined by consent under Rule 59)

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, "Miyare v Stabex International Limited (Cause E125 of 2024) [2025] KEELRC 1744 (KLR)", Case Analysis (2025). ELRC Cause (Nairobi) — judgment cited as delivered 13th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1744/eng@2025-06-13

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