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ELRCAllowedNot stated in the judgment as provided· [2025] KEELRC 2591 (KLR)

Malonza v Genghis Capital Limited (Cause E925 of 2022) [2025] KEELRC 2591 (KLR)

Employment and Labour Relations Court
26 September 2025
ANAGNES KITIKU NZEI
1,735 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court awarded a former employee over KES 1.4 million in dues after her employer refused to present any evidence at the hearing.

What this practically means

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Executive summary

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The Claimant, formerly employed by the Respondent as Head of Legal Compliance from 1st September 2014 until her resignation on 17th December 2021, sued for accrued commissions, unpaid leave, telephone and fuel expenses, remittance of PAYE deductions to KRA, and employee and employer pension contributions. She amended her Memorandum of Claim on 5th May 2023. The Respondent filed a response and documents but, at the hearing on 25th March 2025, elected not to call any evidence and closed its case. The court noted that the Claimant's evidence therefore stood unrebutted, while emphasising that she still bore the burden of proving her claim on a balance of probabilities. Applying authorities on uncontroverted evidence, the court found the Claimant had proved her entire claim. Key documentary evidence included the Respondent CEO's letter of 18th March 2021 confirming deferred compensation of KES 1.2M per annum, and an internal email of 16th January 2022 acknowledging pending commissions of KES 900,000, leave pay, final dues and pension obligations. The court awarded accrued commissions of Kshs.900,000, Kshs.206,250 for 11 accrued leave days, Kshs.5,525 telephone expenses and Kshs.736.67 fuel expenses, all with interest at court rates. The Respondent was ordered, within 45 days, to remit all unremitted PAYE with penalties and/or interest to KRA and to pay pension contributions of Kshs.296,864.37 with interest per the pension trust deed. The Claimant was awarded costs of the suit. Judgment was delivered by Agnes Kitiku Nzei, J, at Nairobi on 26th September 2025.

Key legal issues

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01

Effect of the Respondent's failure to call evidence

Holding

The Claimant's uncontroverted evidence stood, subject to her still proving the claim on a balance of probabilities, which the court found she did.

Reasoning

The Respondent closed its case without calling any witness, leaving the Claimant's testimony unrebutted and the Respondent's documents unsubstantiated. The court cited authorities holding that uncontroverted plaintiff evidence suffices where not challenged, while still requiring the plaintiff to meet the civil standard of proof on a balance of probabilities.

p. 3
02

Entitlement to accrued commissions, leave pay and other dues

Holding

The Claimant proved the entire claim on a balance of probabilities and was awarded all claimed sums, including commissions confirmed in the CEO's letters and email.

Reasoning

The Claimant produced the Respondent's CEO's letters confirming deferred compensation and an internal email acknowledging pending commissions of KES 900,000, final salary, leave pay and pension dues. Under cross-examination she maintained the claims represented only outstanding amounts. The court accepted this uncontroverted evidence as proof of the entire claim.

p. 4

Legal principles established

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  • Failure by a defendant to adduce evidence leaves the plaintiff's evidence uncontroverted, but the plaintiff must still prove the claim on a balance of probabilities.

Court orders

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  1. 1.Accrued commissions amounting to Kshs.900,000/= awarded
  2. 2.Kshs.206,250/= awarded as payment for 11 accrued leave days
  3. 3.Telephone expenses for December 2021 of Kshs.5,525/= awarded
  4. 4.Fuel expenses for December 2021 of Kshs.736.67/= awarded
  5. 5.Respondent to remit to KRA all unremitted PAYE deductions for 1st September 2014 to 17th December 2021 with penalties and/or interest within 45 days
  6. 6.Respondent to pay employee and employer pension contributions of Kshs.296,864.37 with interest per the pension trust deed within 45 days
  7. 7.Claimant awarded costs of the suit and interest at court rates on the monetary awards
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under the Employment Act and related labour legislation (not expressly cited)

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, "Malonza v Genghis Capital Limited (Cause E925 of 2022) [2025] KEELRC 2591 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2591/eng@2025-09-26

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