Joseph Maina Machangi v County Government of Nyandarua & 2 others [2021] KEELRC 1082 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 1082
- Citation
- [2021] KEELRC 1082 (KLR)
- Decided
- 17 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureRespondent/Applicant’s Notice of Motion ApplicationCoramEklr Maureen Onyango, Ramati Warehouse Limited Rika
Holding
The court orders the respondent to pay the applicant's earned salary as per the applicant's prayer.
Facts
The applicant, Joseph Maina Machangi, claims he has not received his salary for August 2021 and is seeking an order for payment pending arbitration. The respondent, County Government of Nyandarua, has not responded to the applicant's attempts to resolve the issue through conciliation and arbitration.
Issues
- Payment of salary
- Constitutional rights violation
Reasoning
The court found that withholding salary is a fundamental breach of employment contract and an abuse of human rights. The court also noted that the respondent has not responded to the applicant's attempts to resolve the issue through conciliation and arbitration.
Outcome
The court granted the applicant's prayer for payment of salary.
Orders
- The respondent is ordered to settle the applicant's salary in accordance to prayer 2 of his application.
- Settle his salary for August, 2021 and going forward till the expiry of the contract and pending arbitration proceedings.
Remedies
- Payment of salary
Authorities cited
Legislation (2)
- Employment Act
- Article 9 of the employment contract
Cases cited (3)
- Fred/Mbatia Versus Rashid Too ELR No.242 of 2015
- Alinur Muhamed Abdi Versus County Government of Garissa (2021) Eklr Maureen Onyango J.
- Ben Murage Njogu Versus Ramati Warehouse Limited Rika J.
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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