Tessie Omullo v John Ambayo & Greyfos Consulting Limited [2019] KEELRC 1566 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI

CAUSE NO. 941 OF 2017

TESSIE OMULLO...........................................................CLAIMANT

VERSUS

JOHN AMBAYO ................................................3RD RESPONDENT

GREYFOS CONSULTING LIMITED.............2ND RESPONDENT

(Before Hon. Justice Byram Ongaya on Friday 24th May, 2019)

JUDGMENT

The claimant filed the memorandum of claim on 18. 05. 2017 through Prof. Kiama Wangai & Company Advocates. The claimant prayed for judgment against the respondent for:

a) General damages.

b) Certificate of service.

c) Terminal dues.

d) Cost of the suit.

e) Interest on (a) above.

f) Any other relief that the Honourable Court deems fit to grant.

Despite service the respondent failed to enter appearance or to file a defence or to at the hearing.

The claimant testified that by a contract of service entered into on 19. 02. 2016 the respondent employed the claimant on a fixed term of 6 months at Kshs. 20, 000. 00 per month. Her duty was to offer advice to the respondents as a social media and public relations manager.  The 1st respondent was the chief executive officer of the 2nd respondent and he assigned the claimant to commence work on 18. 12. 2015. The claimant relied on the contract of service dated 19. 02. 2016. She testified that she worked for the agreed 6 months but she was not paid the agreed salary hence the present suit. Thus she claimed Kshs.120, 000. 00.

The Court has considered the pleadings and the evidence and returns that on a balance of probability the claimant has established that she worked for 6 months and she was not paid. She is awarded as claimed and prayed for.

In conclusion judgment is hereby entered for the claimant against the respondents jointly and severally for:

a) Payment of Kshs. 120, 000. 00 by 01. 07. 2019 failing the respondent to pay interest thereon at Court rates from the date of filing the suit till full payment.

b) The respondent to deliver the claimant’s certificate of service per section 51 of the Act not later than 15. 06. 2019.

c) The respondent to pay the claimant’s costs of the suit.

Signed, dated and delivered in court at Nairobi this Friday 24th May, 2019.

BYRAM ONGAYA

JUDGE