Samuel Wanyonyi Mabonga , Chrisostim Masakhalia Mukisu, Thaddeaus Nabucheba Tyetye , Anicet Wafula T Wekesa , Alisi Nafula Simiyu, Joseph Sileka Mukhalisi & Damian Watoka Lubembe v Attorney General & Principal Secretary, Ministry of Land, Housing and Urban Development [2018] KEELRC 2472 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT BUNGOMA

CAUSE NO. 5 OF 2017

SAMUEL WANYONYI MABONGA ..............................1ST  CLAIMANT

CHRISOSTIM MASAKHALIA MUKISU ......................2ND  CLAIMANT

THADDEAUS NABUCHEBA TYETYE ...........................3RD CLAIMANT

ANICET WAFULA  T. WEKESA .....................................4TH CLAIMANT

ALISI NAFULA SIMIYU....................................................5TH CLAIMANT

JOSEPH SILEKA MUKHALISI .......................................6TH CLAIMANT

DAMIAN WATOKA LUBEMBE .......................................7TH CLAIMANT

VERSUS

THE HON. ATTORNEY GENERAL ...........................1ST RESPONDENT

THE PRINCIPAL SECRETARY, MINISTRY OF LAND,

HOUSING AND URBAN DEVELOPMENT...............2ND RESPONDENT

JUDGMENT

1. The claimants seek payment of a sum of Kshs. 327,600/- being  sitting allowances due and owing to them as members of Kanduyi, Nalondo and Bumula Land Control Boards respectively as set out in  paragraph 4 of the Memorandum of claim.

2.  The Memorandum of claim and summons to enter appearance were  served on the 1st Respondent on 30th March, 2017 but the Respondents  have  failed to enter appearance nor file a statement of defence.

3. CW1 Anicet Wafula T. Wekesatestified under oath in support of the particulars of claim. CW1 adopted his witness statement and sought the court to similarly adopt, the statements of other claimants  as their  testimony in  this  suit and court adopts the  witness statements accordingly.

4. The claim is undefended and the claimants have  proved on a balance of probabilities that they were members of the respective  Land Control Boards and were owed  sitting allowances set out in prayer (b) of the Memorandum of  claim.

5. CW1 stated that the claimants were each paid Kshs. 15,000/- by the Respondent in part settlement of the debt.

6. Accordingly, the court enters judgment  infavour of the claimants in the sum of Kshs. 327, 600/- less Kshs. 105,000/- partly paid by the  Respondents during  the pendency of the suit in the sum of Kshs. 222,000/-.

7. The amount is payable  with interest at court rates from date of filing suit till    payment in full.

8. The Respondent to pay the costs of the suit.

Dated at Bungoma this 26th day  of January, 2018

HON. MATHEWS NDERI NDUMA , JUDGE

EMPLOYMENT AND LABOUR RELATIONS COURT

BUNGOMA.

In the presence of:-

Mr. Tsimonjero for claimants

Mr. Chrispo Aura – Court clerk.