Rogers Omosa Matundura,Ruth Sarange Magangi,Joshua Muthama Kyalo,Jared Maranga Aisuga,Shilah Kwamboka Malwa,Gedeon Mwangi,Elizabeth Ndunge Mutua,Elizabeth Muthinji Njuguna,John Juma Wandera,Pamela Ouma Otieno,Justine Ongori Onchuru & Evans Barongo Nyakundi v Mills Industries Ltd & another [2019] KEELRC 1511 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO 869 OF 2015
ROGERS OMOSA MATUNDURA......................................1ST CLAIMANT
RUTH SARANGE MAGANGI...........................................2ND CLAIMANT
JOSHUA MUTHAMA KYALO..........................................3RD CLAIMANT
JARED MARANGA AISUGA...........................................4TH CLAIMANT
SHILAH KWAMBOKA MALWA......................................5TH CLAIMANT
GEDEON MWANGI............................................................6TH CLAIMANT
ELIZABETH NDUNGE MUTUA......................................7TH CLAIMANT
ELIZABETH MUTHINJI NJUGUNA.............................8TH CLAIMANT
JOHN JUMA WANDERA..................................................9TH CLAIMANT
PAMELA OUMA OTIENO.............................................10TH CLAIMANT
JUSTINE ONGORI ONCHURU....................................11TH CLAIMANT
EVANS BARONGO NYAKUNDI...................................12TH CLAIMANT
VS
MILLS INDUSTRIES LTD............................................1STRESPONDENT
TAILORS AND TEXTILES WORKERS UNION......2ND RESPONDENT
JUDGMENT
Introduction
1. The Claimant’s claim brought by a Memorandum of Claim dated 19th May 2015 and filed in court on 21st May 2015, is for payment of redundancy benefits.
2. None of the Respondents filed a response. The matter therefore proceeded as an undefended cause. The 1st Claimant, Rogers Omosa Matundura testified on his own behalf and on behalf of his co-claimants.
The Claimants’ Case
3. The Claimants state that they were employed by the 1st Respondent on diverse dates as machine operators. They aver that they were declared redundant on 12th September 2014.
4. The Claimants further state that they were all members of the 2nd Respondent. Sometime in 2010 the Claimants, alongside other employees of the 1st Respondent went on strike.
5. The 1st and 2nd Respondents thereafter signed a return to work formula by which the following was agreed upon:
a) That the workers would return to work without loss of benefits;
b) That contracts issued to the workers would be withdrawn;
c) That salary underpayments would be made good.
6. The Claimants plead that the 1st Respondent failed to pay the salary arrears arising out of underpayment. The Claimants were subsequently declared redundant but were not paid their dues.
7. The 2nd Respondent reported a dispute at the Ministry of Labour but there was no agreement at the conciliation stage. The Claimants accuse the 2nd Respondent of failure to pursue their case.
8. The Claimants claim against the 1st Respondent is for the sum of Kshs. 4,303,772 being final benefits. They also claim house allowance from the 2nd Respondent.
Findings and Determination
9. In advancing their case, the Claimants produced a tabulation schedule made up of underpayment, severance pay, house allowance and accrued leave. They however failed to provide a basis for the respective figures used in their tabulation. The Court was therefore unable to verify the authenticity of the figures which were literally thrown at its face.
10. In the circumstances, the only conclusion is that the Claimants have failed to prove their claim which therefore fails and is dismissed.
11. I make no order for costs.
12. Orders accordingly.
DATED AND SIGNED AT MOMBASA THIS 27TH DAY OF MAY 2019
LINNET NDOLO
JUDGE
DELIVERED AT NAIROBI THIS 31ST DAY OF MAY 2019
MAUREEN ONYANGO
JUDGE
Appearance:
Mr. Mageto for the Claimants
No appearance for the Respondents