Jemimah Muthoni N’nyiri v Eunice Amer Manyok [2015] KEELRC 1524 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT NAIROBI

CAUSE NO. 1118 OF 2014

JUDGMENT

JEMIMAH MUTHONI N’NYIRI

VERSUS

EUNICE AMER MANYOK

DELIVERED BY

HON. LADY JUSTICE HELLEN WASILWA

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT OF KENYA AT NAIROBI

CAUSE NO. 1118 OF 2014

(Before Hon. Justice Hellen S. Wasilwa on 15th January, 2015)

JEMIMAH MUTHONI N’NYIRI……………………………………………..CLAIMANT

VERSUS

EUNICE AMER MANYOK……………..……………………….……..…RESPONDENT

JUDGMENT

The Claimant herein filed her statement of claim on 4th July 2014 in person.  She claims that on 2nd September 2012, the Respondent employed her as a house help paying her a salary of Kshs.8,000/= per month.  The Claimant served the Respondent faithfully until 6th January 2014 when the Respondent terminated her service.  She demands payment of her terminal dues inclusive of:

1 months salary lieu of notice        – Kshs.8,000/=

Annual leave                              – Kshs.7,000/=

Service pay                                 – Kshs.5,000/=

Underpayment of wages from May 2013

– December 2013= Kshs.9,780. 95

– 8,000 x 7 month                  = Kshs. 12,466. 94

Total                                  - Kshs.32,466. 65

She also prays for damages for unlawful termination equivalent to 12 months salary plus issuance of a Certificate of Service.

The Claimant served the Respondent with the notice of Summons and Memorandum of Claim on 18th July 2014 through one Chol Madak as per the return of service filed in court on 21st August 2014.  The Respondent never filed any reply/defence.  There was a subsequent mention of the matter on 5th November 2014 for directions for which she also never attended.  The Court then directed that the matter proceeds for formal proof.

The Claimant has given oral evidence before this and stated her case.  There is proof that she had a relationship with the Respondent and when she was terminated, she sought help from Kituo Cha Sheria.  Kituo Cha Sheria wrote a demand notice to the Respondent on 12th March 2014 and 10th February 2014.  The Respondent also failed to reply.

Upon considering the evidence of the Claimant it is the finding of this court that the Claimant served the Respondent and left as indicated.

She demanded payment for leave which I find not tenable as she has already told the court in her evidence that she went on leave from 21st December 2013 and was terminated on 6th Janaury 2014 when she returned from leave.  She also demanded payment of underpayment which she has not proved through her evidence.

However given that she was not given any notice or hearing before termination, I find that the termination was unfair and unlawful.  I therefore find for the Claimant and enter judgment for her as follows:

1 months salary lieu of notice             – Kshs.8,000/=

12 months salary as damages for unlawful termination   =      8,000 x 12 = 96,000/=

15 days salary for each year worked being service pay = 1. 4 x 15/30 x 8,000=  5,600/=

Total due                                - Kshs.109,600/= plus costs

She should also be issued with a Certificate of Service.

Read in open Court this 15th day of January, 2015

HON. LADY JUSTICE HELLEN WASILWA

JUDGE

In the presence of:

Jemimah Muthoni N’nyiri Claimant in person

No appearance for Respondent