Chepkemoi v Maasai Mara University (Cause E001 of 2020) [2024] KEELRC 774 (KLR) (16 April 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 774
- Citation
- [2024] KEELRC 774 (KLR)
- Decided
- 16 April 2024
The court finds that there was a contract of employment between the claimant and the respondent, and the claimant is entitled to the reliefs sought.
Facts
The claimant, Penvilla Chepkemoi, is seeking unpaid wages and other reliefs from the respondent, Maasai Mara University, for services rendered as a teacher. The respondent has filed a reply denying the claim.
Issues
- Was there a contract of employment between the claimant and the respondent?
- Is the claimant entitled to the reliefs sought?
- Who should bear the costs of the cause?
Reasoning
The court relies on the definition of a contract of service in the Employment and Labour Relations Act, which includes oral and written contracts. The court also considers the provisions regarding the requirement for a written contract for a period of three months or more.
Outcome
The claimant is awarded the costs of the cause and the unpaid wages, with interest and a certificate of service.
Orders
- Unpaid wages of Kshs.293,910/=.
- Interest on the above amount at court rates.
- Certificate of service to be issued within 30 days of this judgment.
- Costs of the cause and interest thereon to the claimant.
Remedies
- Unpaid wages
- Interest on wages
- Certificate of service
- Costs of the cause
Authorities cited
Legislation (1)
- Employment and Labour Relations Act
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