Casto Gitongah Mwai v Brookside Dairy Limited [2020] KEELRC 1796 (KLR)

Facts

The claimant was employed by the respondent from 2008 to 2017. He was entitled to payment of Kshs. 83,191.50 upon retirement, but only Kshs. 50,000 was paid, with Kshs. 33,191.50 deducted and paid to the Brookside SACCO to settle loans guaranteed by the claimant.

Issues

1. Whether there was an outstanding loan of Kshs. 33,191.50 owing to the SACCO from defaulters guaranteed by the claimant as at the date of his retirement.
2. Whether the respondent had authority from the claimant or the law to deduct the said Kshs. 33,191.50 from the claimant’s terminal due and pay to the SACCO.
3. Who should pay the Kshs. 33,191.50 to the claimant.
4. Whether the claimant is entitled to the reliefs sought.

Reasoning

The court found that the claimant had cleared Kshs. 264,177/- loan plus interest using his share contribution of Kshs. 266,103/- and left Nil loan balance. The court also noted that the appointment letter and promotion letter did not state the working hours for the claimant.

Outcome

The claimant's appeal was dismissed.