Kivi Savings and Credit Co-operative Society Limited v Kivi Limited [2017] KEELRC 342 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 342
- Citation
- [2017] KEELRC 342 (KLR)
- Decided
- 6 April 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSummary JudgmentPostureClaimant seeks summary judgment for Kshs.28,223,09.57 and compound interestCoramM. MBARU
Holding
Summary judgment is granted in favor of the claimant for the sum of Kshs.28,223,09.57 and compound interest
Facts
Claimant is a savings and credit cooperative society (Sacco) and claims the respondent deducted and did not remit dues from its members' salaries.
Issues
- Whether the respondent made salary deductions from its employees' salaries
- Whether the deductions were remitted to the claimant
- Whether the respondent had the authority to make such deductions
Reasoning
The court established the fact of deduction and non-remittance of dues to the claimant, and the ministry's certification of the owed monies. The respondent does not have a bona fide defense.
Outcome
Summary judgment granted
Orders
- Judgment for the claimant for the sum of Kshs.28,223,09.57 and compound interest
Remedies
- Judgment for the claimant for the sum of Kshs.28,223,09.57 and compound interest
Authorities cited
Legislation (5)
- Co-operative Societies Act
- Industrial Court Act
- Industrial Court (Procedure) Rules, 2010
- Employment Act
- Employment and Labour Relations Court Act
Cases cited (4)
- Orthodox Towers Management Co td versus AG & 2 Others [2015] eKLR
- Paul Irungu Mwangi & 32 Others versus Orthodox Archbishopric of Kenya & Irinoupolis & 2 others [2014] eKLR
- Anne Kinyua versus Nyayo Tea Zone Development Corporation & 3 others [2012] eKLR
- Suleiman Said Shabhal versus IEBC & others [2013] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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