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ELRCPartially AllowedNot stated in the judgment (Statement of Claim dated 4th November 2024)

Wangondu v Atticon Ltd (Cause E036 of 2024) [2025] KEELRC 1839 (KLR)

Employment and Labour Relations Court
25 June 2025
740 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded an employee over Kshs.5.5 million in unpaid salary and service pay, but rejected his leave claim because he couldn't prove how it was calculated.

What this practically means

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Executive summary

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This was an undefended employment claim that proceeded by formal proof before the Employment and Labour Relations Court at Nyeri. By a Statement of Claim dated 4th November 2024, the claimant, employed as a Site Agent and Project Manager under successive two-year contracts from 16th October 2017 and 17th October 2019 at a consolidated monthly pay of Kshs.423,000 plus Kshs.5,000 airtime, sought unpaid salary and allowances of Kshs.428,000 under the first contract and Kshs.4,299,196.44 under the second, 62 accrued leave days valued at Kshs.874,200, service pay of Kshs.846,000, interest and costs. The respondent was served but failed to enter appearance or file a defence. The court framed a single issue: whether the claimant was entitled to the reliefs sought. Holding that the claimant's uncontroverted evidence stood unrebutted, the court awarded the unpaid salary figures as pleaded (totaling Kshs.4,727,196.44), noting its own computation of 14 months of the second contract would have yielded a higher figure but awarding the sum prayed for. The leave claim was declined because the claimant did not demonstrate how the 62 days were computed. Service pay was awarded at 15 days' salary per year for four years (Kshs.846,000), the respondent having made no NSSF or other social security contributions. Judgment was entered for a total of Kshs.5,573,196.44, with costs and interest at court rates from the date of filing suit. The judgment was delivered via Teams with the parties' consent, waiving compliance with Rule 28(3) of the ELRC Procedure Rules.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the claimant is entitled to the reliefs sought

Key legal issues

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01

Entitlement to unpaid salary and allowances under the 2017-2019 and 2019-2021 contracts

Holding

Awarded as pleaded: Kshs.428,000 for one month under the first contract and Kshs.4,299,196.44 for 14 months under the second contract

Reasoning

The claim proceeded by formal proof after the respondent failed to enter appearance or file defence. The claimant's uncontroverted testimony established that salaries were unpaid from August 2020 to 16th October 2021 and for one month under the first contract. The court computed the monthly pay as the consolidated Kshs.423,000 plus Kshs.5,000 airtime, totalling Kshs.428,000, and awarded the sum pleaded for the second contract rather than its own higher computation.

p. 2
02

Claim for accrued leave days (62 days)

Holding

Declined

Reasoning

Although leave entitlement arose under clause 14 of the contract, the claimant did not prove the basis on which the 62 days were computed. In the absence of evidence supporting the quantum, the court declined to award the claim despite the undefended nature of the suit.

p. 2
03

Claim for service pay for four years

Holding

Awarded at Kshs.846,000 (15 days' salary per year of service)

Reasoning

Service pay under the Employment Act is payable where the employer has not contributed to a social security scheme on the employee's behalf. The claimant testified that NSSF and NHIF contributions were not deducted and remitted, and the respondent, being absent, did not rebut this. The court applied the formula Kshs.423,000 x 15/30 x 4 years.

p. 2

Legal principles established

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  • Uncontroverted evidence led in formal proof stands unrebutted and is sufficient to sustain an award
  • Service pay is payable where the employer made no social security (NSSF) contributions in favour of the employee, computed at 15 days' salary per year of service

Court orders

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  1. 1.Judgment for the claimant: unpaid salary under first contract Kshs.428,000.00
  2. 2.Unpaid salary under second contract Kshs.4,299,196.44
  3. 3.Service pay Kshs.846,000.00 (total Kshs.5,573,196.44)
  4. 4.Costs of the suit to the claimant
  5. 5.Interest at court rates from the date of filing suit

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (first-instance Statement of Claim); judgment delivered via Teams waiving Rule 28(3) of the ELRC Procedure Rules

Relief refused

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Unpaid leave days for 2017 to 2021 (62 days valued at Kshs.874,200)

The claimant did not demonstrate how the 62 days of accrued leave were computed

p. 2

Costs

The claimant will also have costs and interest at court rates from the date of filing suit.

Quotable passages

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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 pleadings and evidence by the claimant have not been contested and rebutted. Therefore, I award the claim for unpaid salary and allowances from October 2019 and that of August 2020 to October 2021 equaling to 15 months.
p. 2Formal proof - unrebutted evidence
he did not show how the 62 days were arrived at and consequently, I decline to award the said claim.
p. 2Proof of quantum of leave claim
In conclusion, I enter judgment for the claimant as follows: a. Unpaid salary under first contract…………………………….Kshs.428,000.00 b. Unpaid salary under second contract………………………Kshs.4,299,196.44 c. Service pay……………………………………………………………..Kshs.846,000.00 Kshs.5,573,196.44
p. 2Final orders / disposition

Issues in the judgment

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minor

The judgment's computation of unpaid salary for the second contract (Kshs.5,992,000.44 for 14 months) exceeds the claimant's pleaded figure, and the court appears to conflate the 14-month pleaded period with a 15-month award in the analysis paragraph

minor

The claimant described the first contract as two years yet his testimony and pleading state the contract dated 16th October 2017 lapsed and a second contract ran from 17th October 2019, while paragraph 1 describes the first contract as expiring 16th October 2021

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, "Wangondu v Atticon Ltd (Cause E036 of 2024) [2025] KEELRC 1839 (KLR)", Case Analysis (2025). Not stated in the judgment (Statement of Claim dated 4th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1839/eng@2025-06-25

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