Anthony Ndung’u Gakuo v Baker Hughes Eho Limited (Kenya Branch) [2018] KEELRC 1853 (KLR)

Summary at a glance

Facts

Claimant Anthony Ndung’u Gakuo filed a lawsuit against Baker Hughes Eho Limited (Kenya Branch) for unpaid rig bonus allowances, overtime compensation, and statutory deductions. The contract of employment was signed on October 17, 2013, and the contract was terminated on October 24, 2014. Claimant alleged that he was forced to work overtime without extra pay and that statutory deductions were not remitted.

Issues

• Unpaid rig bonus allowances
• Underpaid house allowance
• Non-remitted NSSF and NHIF dues
• Overtime pay

Reasoning

The court found that the claimant was entitled to the unpaid rig bonus allowances and non-remitted NSSF and NHIF dues. The claim for underpaid house allowance was dismissed as the claimant had accepted the payment. The claim for overtime pay was not supported by evidence.

Outcome

Claimant is awarded Kshs.468,400/= in total.

Orders

• Respondent to issue Claimant with a Certificate of Service
• Respondent to pay costs of the suit with interest at Court rates with effect from the date of the judgment

Remedies

• Award of Kshs.428,400/= for unpaid rig bonus allowances
• Award of Kshs.40,000/= for non-remitted NSSF and NHIF dues

Authorities cited