Frank Mwaura Kiongo v Apex Security Services [2015] KEELRC 134 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NUMBER 1209 OF 2013

FRANK MWAURA KIONGO…………….CLAIMANT

VERSUS

APEX SECURITY SERVICES……………..…RESPONDENT

JUDGMENT

1.     The claimant herein seeks refund of his Sacco shares totaling to Ksh.51,200 which he claims became due and payable upon his resignation from the respondent’s employment.  The respondent though served never entered appearance nor filed any response to the claim.  The matter therefore proceeded as undefended.

2.     Sacco savings belong to the person saving and are withdrawable by such person in accordance with the rules of such Sacco.  The respondent has not shown any reason why the claimant should not be refunded his Sacco savings.  I have perused the payslips exhibited by the claimant and noted that the respondent used to deduct Kshs.500 per month from the claimant’s salary on account of Sacco Savings.  As at July, 2011, the claimant had saved Kshs.51,200 which he seeks to withdraw.

3.     The Court finds the claim merited and hereby enters judgment in favour of the claimant as prayed in the memorandum of claim dated 31st July 2013.

4.     It is so ordered.

Dated at Nairobi this 20th day of November 2015

Abuodha J. N.

Judge

Delivered this 20th day of November 2015

In the presence of:-

……………………………………………………………for the Claimant and

………………………………………………………………for the Respondent.

Abuodha J. N.

Judge