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|Case Number:||Cause 9 of 2015|
|Parties:||Richard Stanley Gathuku Kinuthia v Kenya Red Cross Society|
|Date Delivered:||13 May 2016|
|Court:||Employment and Labour Relations Court at Nyeri|
|Citation:||Richard Stanley Gathuku Kinuthia v Kenya Red Cross Society  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NYERI
CAUSE NO. 9 OF 2015
RICHARD STANLEY GATHUKU KINUTHIA................CLAIMANT
THE KENYA RED CROSS SOCIETY....................RESPONDENT
(Before Hon. Justice Byram Ongaya on Friday, 13th May, 2016)
The claimant filed the statement of claim on 23.01.2015 through J.N. Mbuthia & Company Advocates. The claimant prayed for judgment against the respondent for a sum of Kshs. 738, 297.85 a month’s pay in lieu of termination notice Kshs. 10, 116.15, accrued leave for 5 years Kshs. 40, 853.70, 270 rest days due but not taken Kshs. 105, 052.30, 59 public holidays worked Kshs.22, 955.85, underpayment of salary Kshs. 325, 452.05, home allowance Kshs. 81,292.40, severance pay Kshs.29, 181.20, and 12 months’ salaries compensation for unfair termination Kshs. 121, 393.80. The claimant also prayed for costs of the claim and interest.
The respondent filed on 19.03.2015 the memorandum of response through Obura Mbeche and Company Advocates. The respondent prayed that the claim be dismissed with a finding that the respondent does not owe the claimant any money, and for costs and interest.
The claimant’s testimony was that he was employed by the respondent as a watchman effective 15.09.2008. His monthly salary rose from Kshs. 2,000.00 to Kshs. 2,050.00 to Kshs. 3,500.00 at the time of termination. The claimant testified that he was attacked by some thugs on a date he did not recall and he was treated at the Kenyatta National Hospital in view of the serious injuries he suffered during the attack.
The claimant testified that upon recovery he went to his home and the respondent did not give the claimant any letter about his employment. He testified that he had been employed by the respondent’s committee at Murang’a whose chairman was one Julius Maina Wachira and James Irungu was the Treasurer. The claimant stated that the committee convened and decided to employ the claimant and the claimant was paid on a monthly basis by any of the committee members. After the discharge from hospital, the claimant testified that he did not go back to ask for his job because it was his view that he could not perform the duties of a night guard. He never resumed duties in view of his health status. He said during cross-examination that he wished to rest and to recover fully. Further, he stated that there was an agreement that he would be paid the monthly pay as was done at the monthly rate. He served from 15.09.2000 to sometimes in 2013 when he was attacked and taken to hospital. It was the claimant’s case that he was not a volunteer but he worked for money to support his family. The claimant in cross examination stated that he worked at Wagitheru shop in Murang’a town during the day and retired in the evening to the respondent’s premises where he was given housing accommodation by the Chairman Maina; who was sympathetic to the claimant because his home was far and he stayed at the premises from September 2008 to 2013 when he voluntarily left due to his health concerns.
The court has considered the evidence, the pleadings and the submissions and makes findings as follows:
In conclusion, judgment is hereby entered for the respondent against the claimant and the claimant’s case is hereby dismissed with orders that each party shall bear own costs of the suit.
Signed, dated and delivered in court at Nyeri this Friday, 13th May, 2016.