Leonard Kilwake Chebusire & 23 others v Jiangxi Zhongmei Engineering Construction Company Limited [2018] KEELRC 1615 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 112 OF 2015
(Before Hon. Lady Justice Maureen Onyango)
LEONARD KILWAKE CHEBUSIRE & 23 OTHERS..........CLAIMANT
VERSUS
JIANGXI ZHONGMEI ENGINEERING
CONSTRUCTION COMPANY LIMITED........................RESPONDENT
JUDGMENT
Introduction
The claimants are all current or former employees of the respondent, a construction company engaged by the Government of Kenya to rehabilitate the Webuye-Kitale Road. According to the claim dated 21st April 2015 and filed on the same day, the claimants seek payment of underpayments, lost hours, house allowance, NSSF/NHIF/PAYE and annual leave. The specific claims of each of the 24 claimants are as set out on the claim. The claimants further seek costs and interest.
The claims by each of the claimants is broken down as follows –
1ST CLAIMANT – LEONARD KILWAKE CHEBUSIRE
Underpayments Kshs.436,800/=
Lost hours Kshs.336,000/=
House Allowance Kshs.100,800/=
NSSF & NHIF Funds Kshs.8,320/=
PAYE Kshs.2,708/=
Annual leave Kshs.42,000/=
TOTAL KSHS.926,628/=
2ND CLAIMANT – DAVID NGIGI MUGO
Underpayments Kshs.412,800/=
Lost hours Kshs.357,000/=
House Allowance Kshs.107,100/=
NSSF & NHIF Funds Kshs.8,840/=
Annual leave Kshs.42,000/=
TOTAL KSHS.927,740/=
3RD CLAIMANT – ESAU MUGAMBI MUKHOLA
Underpayments Kshs.594,000/=
Lost hours Kshs.462,000/=
House Allowance Kshs.138,600/=
NSSF & NHIF Funds Kshs.11,440/=
PAYE Kshs.9,422/=
Annual leave Kshs.42,000/=
TOTAL KSHS.1,257,462/=
4TH CLAIMANT – LABAN KASIEVELA
Underpayments Kshs.656,400/=
Lost hours Kshs.525,000/=
House Allowance Kshs.157,500/=
NSSF & NHIF Funds Kshs.13,000/=
PAYE Kshs.5,376/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,431,276/=
5TH CLAIMANT – BENSON KITAVI MUTUA
Underpayments Kshs.564,000/=
Lost hours Kshs.441,000/=
House Allowance Kshs.132,300/=
NSSF & NHIF Funds Kshs.10,920/=
Annual leave Kshs.42,000/=
TOTAL KSHS.1,190,220/=
6TH CLAIMANT – JOHN MUKOMA ANDANJE
Underpayments Kshs.602,400/=
Lost hours Kshs.588,000/=
House Allowance Kshs.176,400/=
NSSF & NHIF Funds Kshs.14,560/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,465,360/=
7TH CLAIMANT – JOHN WANYONYI KHAMALA
Underpayments Kshs.293,600/=
Lost hours Kshs.231,000/=
House Allowance Kshs.69,300/=
NSSF & NHIF Funds Kshs.5,720/=
TOTAL KSHS.609,620/=
8TH CLAIMANT –KEVIN OMONDI ONGERE
Underpayments Kshs.225,200/=
Lost hours Kshs.160,000/=
House Allowance Kshs.50,400/=
NSSF & NHIF Funds Kshs.4,160/=
TOTAL KSHS.547,760/=
9TH CLAIMANT – PETER NALESO AZENGA
Underpayments Kshs.318,000/=
Lost hours Kshs.252,000/=
House Allowance Kshs.75,600/=
NSSF & NHIF Funds Kshs.6,240/=
Annual leave Kshs.42,000/=
TOTAL KSHS.693,840/=
10TH CLAIMANT – JACOB W. WANYAMA
Underpayments Kshs.180,000/=
Lost hours Kshs.126,000/=
House Allowance Kshs.37,800/=
NSSF & NHIF Funds Kshs.3,120/=
TOTAL KSHS.346,920/=
11TH CLAIMANT – SIMON O. MARIENGA
Underpayments Kshs.452,400/=
Lost hours Kshs.273,000/=
House Allowance Kshs.81,900/=
NSSF & NHIF Funds Kshs.6,760/=
Annual leave Kshs.42,000/=
TOTAL KSHS.856,060/=
12TH CLAIMANT – PETER KIPKESHO MOREY
Underpayments Kshs.392,000/=
Lost hours Kshs.294,000/=
House Allowance Kshs.88,200/=
NSSF & NHIF Funds Kshs.7,280/=
Annual leave Kshs.42,000/=
TOTAL KSHS.823,480/=
13TH CLAIMANT – PETER KIPWAMBOK KEMBOI
Underpayments Kshs.336,000/=
Lost hours Kshs.252,000/=
House Allowance Kshs.75,600/=
NSSF & NHIF Funds Kshs.26,240/=
PAYE Kshs.2,064/=
Annual leave Kshs.42,000/=
TOTAL KSHS.612,904/=
14TH CLAIMANT – ANTHONY UBINDI MUDASIA
Underpayments Kshs.282,000/=
Lost hours Kshs.210,000/=
House Allowance Kshs.63,000/=
NSSF & NHIF Funds Kshs.5,200/=
TOTAL KSHS.612,904/=
15TH CLAIMANT – MOSES KATAMI
Underpayments Kshs.252,000/=
Lost hours Kshs.189,000/=
House Allowance Kshs.56,700/=
NSSF & NHIF Funds Kshs.4,680/=
PAYE Kshs.2,439/=
TOTAL KSHS.504,819/=
16TH CLAIMANT – DAVID CHOMBA GATHONI
Underpayments Kshs.336,000/=
Lost hours Kshs.252,000/=
House Allowance Kshs.75,600/=
NSSF & NHIF Funds Kshs.6,240/=
PAYE Kshs.2,106/=
Annual leave Kshs.42,000/=
TOTAL KSHS.612,916/=
17TH CLAIMANT – HUMPHREY K. CHEBUYA
Underpayments Kshs.134,400/=
Lost hours Kshs.84,000/=
House Allowance Kshs.25,200/=
NSSF & NHIF Funds Kshs.2,080/=
TOTAL KSHS.245,680/=
18TH CLAIMANT – LAWRENCE EDWASI EKOMBE
Underpayments Kshs.753,200/=
Lost hours Kshs.462,000/=
House Allowance Kshs.138,600/=
NSSF & NHIF Funds Kshs.11,440/=
Annual leave Kshs.84,000/=
3 months’ notice in lieu Kshs.126,000/=
TOTAL KSHS.1,575,240/=
19TH CLAIMANT – STEPHEN SIMIYU
Underpayments Kshs.762,588/=
Lost hours Kshs.504,400/=
House Allowance Kshs.151,210/=
NSSF & NHIF Funds Kshs.12,480/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,514,278/=
20TH CLAIMANT – KEVIN SHIGOLI NGAYIRA
Underpayments Kshs.570,000/=
Lost hours Kshs.525,000/=
House Allowance Kshs.157,500/=
NSSF & NHIF Funds Kshs.13,000/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,349,500/=
21ST CLAIMANT – DAVID KIPKETER CHEPKWONY
Underpayments Kshs.528,240/=
Lost hours Kshs.443,880/=
House Allowance Kshs.133,164/=
NSSF & NHIF Funds Kshs.14,040/=
Annual leave Kshs.65,760/=
TOTAL KSHS.1,185,084/=
22ND CLAIMANT – ISAAC MANOS MUCHWENGE
Underpayments Kshs.626,400/=
Lost hours Kshs.609,000/=
House Allowance Kshs.182,700/=
NSSF & NHIF Funds Kshs.15,080/=
Annual leave Kshs.42,000/=
TOTAL KSHS.1,517,180/=
23RD CLAIMANT – HILLARY BIRGENT
Underpayments Kshs.272,400/=
Lost hours Kshs.219,600/=
House Allowance Kshs.65,880/=
NSSF & NHIF Funds Kshs.7,800/=
Annual leave Kshs.29,280/=
TOTAL KSHS.594,960/=
24TH CLAIMANT – GABRIEL WANJALA BUNYANYA
Underpayments Kshs.392,208/=
Lost hours Kshs.351,360/=
House Allowance Kshs.105,408/=
NSSF & NHIF Funds Kshs.12,480/=
Annual leave Kshs.58,584/=
TOTAL KSHS.920,140/=
The respondent did not file a defence to the claim or attend court for hearing.
In view of the sketchy information in the file, the nature of prayers sought and the number of employees involved, this claim together with several other related filed we referred to the County Labour officer Kitale to investigate and prepare a report to assist the court in arriving at a fair and just determination of the claim.
The County Labour Officer filed his report in court on 24th February 2017. The findings in the County Labour Officer’s report are reproduced below –
“In pursuance to the court’s directive that the above matter be investigated and report submitted to the court on or before 28th February 2017. The following are the findings of each claimant: -
1. Jacob Wamalwa Wanyama
Mr. Wamalwa Wanyama was employed in May 2014 as a mechanic and left employment in July 2015. He was paid his dues of prorata leave amounting to Kshs.3,100/=.
2. David Ngigi Mugo
Mr. Ngigi was employed in June 2013 as a plant mechanic and left on 06/05/2016. He was paid all terminal benefits as shown here below:-
- Wages - 20,223. 00
- House Allowance - 3,033. 00
- Overtime - 16,360. 00
- Accrued leave - 15,167. 00
- Service gratuity - 20,972. 00
Total 75,755. 00
Mr. Mugo was paid Kshs.75,800/= in full and final settlement.
3. Benson K. Mutua
Mr. Benson Mutua fought his supervisor and ran away. He did not go back to collect his dues.
4. Laban Kasievela
Has instituted private case in Bungoma Law Courts.
5. David Chomba
Mr. Chomba was employed in December 2013 as a plant mechanic and left in January 2015. He was paid all his terminal dues which constitute of wages for days worked Kshs.10,458/= and one month wage in lieu of notice Kshs.10,071/= all totalling to Kshs.20,500/=.
6. Leonard K. Chebusire
Mr. Chebusire was employed July 2013 as a welder earning Kshs.15,434/=. He was paid all terminal dues: -
- Wages - 11,278. 00
- House Allowance - 1,692. 00
- Overtime - 4,656. 00
- Accrued leave - 13,356. 00
- Service gratuity - 16,621. 00
Total 47,603. 00
7. John Mukoma Andanje
Mr. Mukoma Andanje was employed in September 2012 as a welder and resigned on 5th December 2014. He was paid his terminal dues amounting to Kshs.37,800/=.
8. Esau Mugambi Mukhola
Mr. Esau Mukhola was employed as a mechanic in 2012 and left employment on 04/04/2016. He was paid his terminal dues in full as shown here below: -
- Wages - 13,846. 00
- House Allowance - 2,077. 00
- Overtime - 11,041. 00
- Leave - 4,673. 00
- Service gratuity - 29,077. 00
Total 60,714. 00
9. Gabriel Wanjala Bunyira
Mr. Gabriel Wanjala was employed in December 2012 as a welder and left employment on 07/12/2016. He was paid the following asterminal dues: -
- Wages - 7,312. 00
- House Allowance - 1,097. 00
- Overtime - 5,676. 00
- Service gratuity - 29,249. 00
Total 43,334. 00
10. Simon O. Marienga
Mr. Marienga was employed in November 2013 and resigned in December 2014. He was paid terminal dues amounting to Kshs.15,350/=.
11. Isaac Monos Muchewenge
Mr. Muchwenge was employed in September 2012 and deserted duty in June 2014 and he was eventually removed from the payroll.
12. Peter Kipkesho Murey
Mr. Murey was employed as a mechanic in September 2013 and left without informing anyone therefore was treated a deserter.
The following employees are still working–
1. Kevin Omondi Ongere
2. Moses W. Katami
3. Humphrey K. Chebuya
4. Stephen Simiyu
5. Kevin Shigoli Ngaira
6. David Kipketer Chepkwony
7. Hillary Birgen
8. Anthony Obindi Mudasia
9. Peter Naleso Azenga
10. Peter Kemboi
NOTES
Note I – Underpayment
The underpayments arrears as demanded by claimants is outrageous in the sense that the counsel calculated it basing on hourly rate which is not provided for in the Building and Construction Industry Wages Order. This order provides that employees in the category of drivers, artisans, general workers be paid on daily rate only. There is no provision for payment of wages on hourly rate.
Note II – Lost hours
Lost hours cannot be explained but it is assumed to be the overtime. This claim is not valid in the sense that all employees who worked extra hours were paid overtime and this can be validated through the records presented by the counsel to the court.
Note III – N.S.S.F AND N.H.I.F Refunds
N.S.S.F and N.H.I.F are statutory deductions which claimants cannot ask for refunds from employer. If the claimants have any sufficient reason to believe these deductions were not remitted then they can contact these organisations.
Note IV – House Allowance
This issue can be considered after verification of records. Where it is found that some of these claimants were not paid house allowance, then the claimants can claim for the same to a maximum of 12 months.”
The claimant’s counsel was directed to file written submissions as a basis for the preparation of judgment. In the submissions filed on behalf of the claimants on 19th May 2017, counsel for the claimants states that they were grossly underpaid in contravention of the Regulation of Wages (General) (Amendment) Order, 2013. It is further submitted that the claims are secured by an agreement reached between the respondent and its employees at Kitable-Webuye Road Project in a Return Work Formula executed on 13th September 2014 and witnessed by the County Labour Officer, Bungoma. It is submitted that under the agreement remuneration would be guided by column 4 of the Wages Order. It was further agreed that employees would be paid overtime promptly and house allowance as provided by law.
On overtime it is submitted that the employees worked for 12 hours daily from 7 a.m. to 7 p.m. thus putting in 14 hours of overtime daily that they worked for 7 days a week without a day off as provided in Section 27 of the Employment Act.
On the prayer for annual leave it is submitted that the claimants were nether allowed time to take their annual leave nor compensated for forfeiting the same.
The payers in respect of House Allowance, NSSF, NHIF deductions and PAYE were abandoned. The revised claims for each claimants is as summarised below –
1ST CLAIMANT – LEONARD KILWAKE CHEBUSIRE
Underpayments Kshs.436,800/=
Lost hours Kshs.336,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.814,800/=
2ND CLAIMANT – DAVID NGIGI MUGO
Underpayments Kshs.412,800/=
Lost hours Kshs.357,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.811,800/=
3RD CLAIMANT – ESAU MUGAMBI MUKHOLA
Underpayments Kshs.594,000/=
Lost hours Kshs.462,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.1,098,000/=
4TH CLAIMANT – LABAN KASIEVELA
Underpayments Kshs.656,400/=
Lost hours Kshs.525,000/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,265,400/=
5TH CLAIMANT – BENSON KITAVI MUTUA
Underpayments Kshs.564,000/=
Lost hours Kshs.441,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.1,047,000/=
6TH CLAIMANT – JOHN MUKOMA ANDANJE
Underpayments Kshs.602,400/=
Lost hours Kshs.588,000/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,274,440/=
7TH CLAIMANT – JOHN WANYONYI KHAMALA
Underpayments Kshs.293,600/=
Lost hours Kshs.231,000/=
TOTAL KSHS.524,600/=
8TH CLAIMANT –KEVIN OMONDI ONGERE
Underpayments Kshs.225,200/=
Lost hours Kshs.160,000/=
TOTAL KSHS.385,200/=
9TH CLAIMANT – PETER NALESO AZENGA
Underpayments Kshs.318,000/=
Lost hours Kshs.252,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.612,000/=
10TH CLAIMANT – JACOB W. WANYAMA
Underpayments Kshs.180,000/=
Lost hours Kshs.126,000/=
TOTAL KSHS.346,920/=
11TH CLAIMANT – SIMON O. MARIENGA
Underpayments Kshs.452,400/=
Lost hours Kshs.273,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.767,400/=
12TH CLAIMANT – PETER KIPKESHO MOREY
Underpayments Kshs.392,000/=
Lost hours Kshs.294,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.728,000/=
13TH CLAIMANT – PETER KIPWAMBOK KEMBOI
Underpayments Kshs.336,000/=
Lost hours/overtime Kshs.252,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.630,000/=
14TH CLAIMANT – ANTHONY UBINDI MUDASIA
Underpayments Kshs.282,000/=
Lost hours/overtime Kshs.210,000/=
TOTAL KSHS.492,000/=
15TH CLAIMANT – MOSES KATAMI
Underpayments Kshs.252,000/=
Lost hours/overtime Kshs.189,000/=
TOTAL KSHS.441,000/=
16TH CLAIMANT – DAVID CHOMBA GATHONI
Underpayments Kshs.336,000/=
Lost hours/overtime Kshs.252,000/=
House Allowance Kshs.75,600/=
Annual leave Kshs.42,000/=
TOTAL KSHS.630,000/=
17TH CLAIMANT – HUMPHREY K. CHEBUYA
Underpayments Kshs.134,400/=
Lost hours/overtime Kshs.84,000/=
TOTAL KSHS.218,400/=
18TH CLAIMANT – LAWRENCE EDWASI EKOMBE
Underpayments Kshs.753,200/=
Lost hours/overtime Kshs.462,000/=
Annual leave Kshs.84,000/=
Pay in lieu of notice Kshs.126,000/=
TOTAL KSHS.1,425,400/=
19TH CLAIMANT – STEPHEN SIMIYU
Underpayments Kshs.762,588/=
Lost hours/overtime Kshs.504,400/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1, 350,988/=
20TH CLAIMANT – KEVIN SHIGOLI NGAYIRA
Underpayments Kshs.570,000/=
Lost hours/overtime Kshs.525,000/=
Annual leave Kshs.84,000/=
TOTAL KSHS.1,179,000/=
21ST CLAIMANT – DAVID KIPKETER CHEPKWONY
Underpayments Kshs.528,240/=
Lost hours/overtime Kshs.443,880/=
Annual leave Kshs.65,760/=
TOTAL KSHS.1,037,880/=
22ND CLAIMANT – ISAAC MANOS MUCHWENGE
Underpayments Kshs.626,400/=
Lost hours/overtime Kshs.609,000/=
Annual leave Kshs.42,000/=
TOTAL KSHS.1,227,400/=
23RD CLAIMANT – HILLARY BIRGENT
Underpayments Kshs.272,400/=
Lost hours Kshs.219,600/=
Annual leave Kshs.29,280/=
TOTAL KSHS.521,280/=
24TH CLAIMANT – GABRIEL WANJALA BUNYANYA
Underpayments Kshs.392,208/=
Lost hours Kshs.351,360/=
Annual leave Kshs.58,584/=
TOTAL KSHS.802,152/=
The claimants relied on the case of –
1. Evans Katiezo Aligulah -v- Eldomatt Wholesale and Supermarket Limited [2016] eKLR.
2. John Rioba Maugo -v- Riley Falcon Security Services Limited [2016] eKLR.
3. Kenya Guards and Allied Workers Union -v- Lavington Security Limited [2013] eKLR.
Determination
I have carefully considered the pleadings, the documents filed therewith, the County Labour Officer’s report and the submissions filed on behalf of the claimants. It is not in dispute that all the claimants worked for the respondent at one time or other.
The issues for determination are therefore whether or not the claimants were underpaid and if they are owed any underpayments, overtime and/or annual leave by the respondent.
1. Underpayments
In the claim it is stated that the claimants worked in different capacities as operators, mechanics, machine attendants, artisans, technicians and one as secretary. The County Labour Officer states that the claimants were engaged in the following capacities and were paid as set out in the table below–
NAME ID TRADE STARTED TIME ENDED BEFORE RATE CURRENT RATE STATUS
1. Jacob Wamalwa Wanyama 3808267 Mechanic 05/2014 07/2015 400 13,580
2. Kevin Omondi Ongere 25532960 Mechanic 04/2014
520 13,580 Working
3. David Ngigi Mugo 9026625 Plant Mechanic 06/2013
600 19,474
4. Benson Kitavi Mutua 23050393 Plant Mechanic 03/2013
520 13,000 Fought with
5. David Chomba Gathoni 14569906 Plant Mechanic 12/2013 01/2015 480 10,071
6. Leonard Kilwake Chebusire 22442258 Welder 07/2013 06/2016 520 15,434
7. Moses W. Katami 11096062 Mechanic 01/2014
480 11,825. 50 Working
8. Peter Kipkesho Murey 28340248 Mechanic 09/2013
480 11,000
9. Humphrey K. Chebuya 28219376 Greaser 08/2014
320 9,679. 05 Working
10. Esau Mugambi Mukhola 14461114 Mechanic 12/2012 04/2014 640 15,434
11. Laban Kasievela 0845726 Mechanic 11/2012
640 15,434
12. Lawrence Edwasi Ekombe 11330115 Mechanic 09/2012
520 12,000
13. Stephen Simiyu 9685054 Carpenter 12/2012
480 10,000 Working
14. Kevin Shigoli Ngayira 30942848 Excavator 12/2012
640 19,474 Working
15. David Kipketer Chepkwony 8029503 Welder 09/2012
480 15,434 Working
16. Hillary Birgen 74447488 Com Driver 08/2013
440 16,000 Working
17. Gabriel Wanjala Bunyanya 10430549 Welder 12/2013
440 13,534 Working
18. Anthony Ubindi Mudasia 12633181 Mechanic 12/2013
560 13,534
19. Isaac Manos Muchwenge
09/2012
640 19,474
20. John Mukoma Andanje 10920356 Welder 09/2012
640 15,300 Working
21. John Wanyonyi Khamala 9043778 Plant Mechanic 12/2013
520 15,434 Working
22. Peter Kipwambok Kemboi 24507369 Tyreman 11/2013
520 13,000 Working
23. Peter Naleso Azenga 4161888 Driver 11/2013
520 13,000 Working
24. Simon O. Marienga 10131507 Greaser 11/2013
320 6,500
Based on the findings of the Labour Officer which are not contested in the claimant’s written submissions, I find that what is recorded as "current pay" is not below the statutory minimum rate of pay relevant to the job in which each of the claimants was engaged.
It is pleaded in the claim that the respondent undertook to pay statutory minimum rates in the Return to Work Formula dated 13th September 2014 and the respondent appears to have complied.
I therefore find no proof of underpayments and dismiss the prayer.
2. Overtime/Lost Hours
The claimants allege that they worked 12 hours each day for 7 days without a break. I have checked the few time sheets that have been filed in court together with the payslips. The hours worked are clearly recorded. The time sheets even recorded the hours worked as normal overtime paid at 1. 5 hourly rates and overtime for public holidays and rest days paid at double (2 times) the normal hourly rates. The same is also reflected in the payslips. This means that all overtime worked was recorded and paid as is reflected in the time sheets and payslips.
The claim for overtime/lost hours accordingly fails and is dismissed.
3. Annual leave
The respondent did not deny that it did not pay the claimants annual leave. Section 28 of the Employment Act provides for payment of annual leave for any employee who has worked for a minimum of two months. None of the claimants worked for less than two months. Each of them is therefore entitled to annual leave at the rate of 1. 75 days for each month worked.
The respondent is directed to compute and pay the claimants all leave due from date of recruitment to date of either leaving employment or to date of filing suit being December 2014.
Conclusion
In conclusion judgment is entered for the claimants against the respondent in respect of annual leave only, the claims for underpayments and lost hours/overtime having been dismissed for want of proof.
This will however apply only to those employees who had not left employment of the respondent at the time of preparation of the County Labour Officer’s report. This exclude Jacob Wamalwa Wanyama, David Ngigi Mugo, Benison K. Mutua, Laban Kisiekela, David Choruba, Leonard K. Chebusire, John Mukoma Andanje, Esau Mugambi Mukhola, Gabriel Wanjala Bunyira, Simon O. Marienga, Isaac Monos Muchwenge and Peter Kipkesho Murey. All these claimants left the employment of the respondent and were paid full terminal dues as stated in the report of the County Labour Officer which has not been disputed in the respondent’s submissions.
The respondent will pay costs of the suit on the lower scale as the bulk of the claim has been dismissed and also taking into account that the case was determined on pleadings and documents without calling evidence.
DATED AND SIGNED AT NAIROBI ON THIS 4TH DAY OF JUNE 2018
MAUREEN ONYANGO
JUDGE
DATED AND DELIVERED AT KISUMU ON THIS 5TH DAY OF JULY 2018
MATHEWS NDERI NDUMA
JUDGE