Wilson Barongo Bisera & another v Micnelest Security Company Limited [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Nairobi
Category
Civil
Judge(s)
Hon. Lady Justice Hellen S. Wasilwa
Judgment Date
October 13, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Wilson Barongo Bisera & another v Micnelest Security Company Limited [2020] eKLR, highlighting key legal findings and implications for security law in Kenya.

Case Brief: Wilson Barongo Bisera & another v Micnelest Security Company Limited [2020] eKLR

1. Case Information:
- Name of the Case: Wilson Barongo Bisera and Nathan Nyamwaka Martin v. Micnelest Security Company Limited
- Case Number: Cause No. 2231 of 2016
- Court: Employment and Labour Relations Court at Nairobi
- Date Delivered: 13th October 2020
- Category of Law: Civil
- Judge(s): Hon. Lady Justice Hellen S. Wasilwa
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court were whether the termination of the Claimants' employment was unlawful and unfair, and whether they were entitled to compensation for their unpaid salaries and terminal dues.

3. Facts of the Case:
The Claimants, Wilson Barongo Bisera and Nathan Nyamwaka Martin, were employed as Security Guards by the Respondent, Micnelest Security Company Limited, with their employment starting on 24th April 2016 and 1st May 2016, respectively. They were each earning a monthly salary of Kshs. 8,000. The Claimants asserted that they diligently performed their duties without any disciplinary issues. However, they were not paid their salaries since their employment began. After reporting the non-payment to a Labour Officer, their employment was terminated unlawfully and maliciously by the Respondent.

4. Procedural History:
The Claimants filed their Memorandum of Claim on 14th September 2016, seeking compensation for unfair termination and unpaid salaries. The Respondent did not respond to the summons or the Statement of Claim, leading the court to certify the case as undefended. The matter was set for hearing, during which the Claimants presented their evidence and submissions.

5. Analysis:
- Rules: The court considered the Employment Act, 2007, specifically Section 45, which outlines the conditions for fair termination of employment, including the necessity for both substantive justification and procedural fairness.
- Case Law: The Claimants referred to the case of *Walter Ogal Anuro v. Teachers Service Commission (2013) eKLR*, where it was established that terminations must adhere to principles of fairness. This case was relevant as it provided a precedent for evaluating the fairness of the Claimants' termination.
- Application: The court found that the Respondent failed to comply with the legal requirements for terminating employment, as there was no evidence presented to counter the Claimants' claims. The Claimants successfully demonstrated that their termination was unlawful and unfair, leading the court to rule in their favor.

6. Conclusion:
The court ruled in favor of the Claimants, declaring their termination illegal, unlawful, and unfair. The Claimants were awarded compensation for their unpaid salaries and damages, with the Respondent ordered to pay costs and interest on the awarded amounts.

7. Dissent:
There were no dissenting opinions in this case as it was decided ex parte due to the Respondent's failure to appear or respond.

8. Summary:
The Employment and Labour Relations Court found that the Claimants' termination was unlawful and unfair, awarding them a total of Kshs. 112,809 for the 1st Claimant and Kshs. 109,989 for the 2nd Claimant, along with costs and interest. This case underscores the importance of adhering to fair employment practices and the legal obligations of employers regarding termination and payment of wages, reinforcing protections for employees under Kenyan labor law.

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