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ELRCPartially AllowedMemorandum of Claim dated 10th August 2016 (number not stated in judgment)· [2025] KEELRC 2073 (KLR)

Alwang’a v Cedar Springs Limited (Employment and Labour Relations Cause 1600 of 2016) [2025] KEELRC 2073 (KLR)

Employment and Labour Relations Court
10 July 2025
HWHellen Wasilwa
804 words in judgment
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The bottom line

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A Kenyan employer who skips court loses: the judge accepted the gardener's entire unchallenged story and awarded him over Kshs 159,000.

What this practically means

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Executive summary

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The Claimant, employed as a gardener on 2nd February 2012 on an oral contract at a monthly salary of Kshs 9,500, claimed he was wrongfully and unlawfully terminated on 3rd March 2016 without notice, underpaid, denied house allowance, and never issued an appointment letter or certificate of service. He sought notice pay, unpaid salary, underpayment, house allowance, compensation for unfair dismissal, leave pay, general damages, documentary orders, costs and interest. The Respondent filed a Statement of Defence admitting employment but asserting the Claimant was summarily dismissed for cause after being caught stealing gardening tools and a wheelbarrow, and that criminal charges were traded for his quitting. However, the Respondent, though served, failed to present any evidence at the hearing, so the claim proceeded ex-parte. The Claimant submitted that the theft allegations were unsubstantiated, there was no OB extract or correspondence, and the termination breached Sections 41 and 45 of the Employment Act, invoking Section 107(1) of the Evidence Act on burden of proof. The court found the Claimant's case uncontroverted and established, awarding one month's notice pay (Kshs 9,500), eight months' compensation for unfair termination (Kshs 76,000), underpayment for 24 months, and house allowance at 15% for 24 months (Kshs 39,437), holding the remainder time barred, for a total of Kshs 159,850 less statutory deductions, with costs and interest. Judgment delivered virtually at Nairobi on 10th July 2025 by Hellen Wasilwa, Judge.

Key legal issues

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01

Unfair termination

Holding

The termination was unfair; the Respondent failed to appear and its theft allegation was never substantiated

Reasoning

The Respondent, though served, failed to present any evidence at the hearing. The Claimant testified that he was terminated without valid reason and without process. The Respondent's defence alleging theft was never tested or proved, so the Claimant's uncontroverted evidence was accepted and compensation of eight months' salary awarded under the Employment Act.

p. 3
02

Limitation on recoverable dues

Holding

Salary and house allowance dues were limited to the 24 months within the limitation period

Reasoning

Although the Claimant pleaded underpayment and unpaid house allowance from 2012, the court awarded underpayment and house allowance only for 24 months, holding the rest of the claim to be time barred. This reflects the limitation period applicable to employment claims.

p. 3

Legal principles established

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  • Where a claim goes uncontroverted and the claimant testifies to unfair termination without valid reason and process, the claimant's case stands established

Court orders

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  1. 1.One month salary in lieu of notice of Kshs 9,500/-
  2. 2.Eight months' salary as compensation for unfair termination of Kshs 76,000/-
  3. 3.Underpayment of salary of Kshs 1,454.70 x 24 months as pleaded
  4. 4.House allowance of 15% of 10,954.70 x 24 = Kshs 39,437
  5. 5.Total award of Kshs 159,850/- less statutory deductions
  6. 6.Respondents to pay costs of the suit plus interest at court rates from the date of judgment
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act (not expressly cited in judgment)

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, "Alwang’a v Cedar Springs Limited (Employment and Labour Relations Cause 1600 of 2016) [2025] KEELRC 2073 (KLR)", Case Analysis (2025). Memorandum of Claim dated 10th August 2016 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2073/eng@2025-07-10

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