Adda Kodero Vincent & 8 others v County Government of Kisumu & another [2020] eKLR Case Summary

Court
Employment and Labour Relations Court at Kisumu
Category
Civil
Judge(s)
Hon. Justice Mathews N. Nduma
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Adda Kodero Vincent & 8 others v County Government of Kisumu & another [2020] eKLR, highlighting key legal insights and implications for public governance.

Case Brief: Adda Kodero Vincent & 8 others v County Government of Kisumu & another [2020] eKLR

1. Case Information:
- Name of the Case: Eng. Adda Kodero Vincent & Others v. The County Government of Kisumu & Another
- Case Number: 373 of 2018
- Court: Employment and Labour Relations Court at Kisumu
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Hon. Justice Mathews N. Nduma
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around the claimants' entitlement to liquidated terminal dues (gratuity), a certificate of service, and the associated costs and interest from the County Government of Kisumu.

3. Facts of the Case:
The claimants, consisting of nine individuals, filed a suit against the County Government of Kisumu and its Secretary on 14th November 2018, seeking payment for terminal dues and a certificate of service. The claimants asserted that they were entitled to these payments following their employment. The suit was unopposed, as the respondents did not enter an appearance despite being served with the necessary court documents. Dr. Rose Kisia Omondi, one of the claimants, testified on behalf of the group to substantiate their claims.

4. Procedural History:
The case progressed through the Employment and Labour Relations Court without opposition from the respondents. The claimants submitted their written submissions on 4th February 2020. Following the submission of evidence and in the absence of defense, the court evaluated the claims based on the balance of probabilities and prepared to render a judgment.

5. Analysis:
- Rules: The court considered relevant provisions of the Kenyan Constitution, specifically Article 159(2)(d) which emphasizes the need to avoid undue technicalities in delivering justice, and Article 48 which guarantees the right to access justice. The court also referred to the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which mandates the use of technology to facilitate the resolution of civil disputes.

- Case Law: Although specific previous cases were not cited in the judgment, the court's reasoning likely drew on established principles in employment law regarding the rights of employees to receive terminal dues and certificates of service upon termination of employment.

- Application: The court found that the claimants had successfully proved their claims on a balance of probabilities, leading to a judgment in their favor. The court ordered the County Government of Kisumu to pay the specified amounts to each claimant as well as additional compensation including four months of arrear salary for one claimant, the issuance of a certificate of service, costs of the suit, and interest at court rates.

6. Conclusion:
The court ruled in favor of the claimants, ordering the County Government of Kisumu to pay the amounts specified in their claims, along with a certificate of service. This decision underscores the judiciary's commitment to upholding the rights of employees to receive their entitled dues upon termination of employment.

7. Dissent:
There were no dissenting opinions noted in this case, as the judgment was issued unanimously in favor of the claimants without opposition from the respondents.

8. Summary:
The Employment and Labour Relations Court ruled in favor of nine claimants against the County Government of Kisumu, ordering the payment of terminal dues and other compensations. The significance of this case lies in its affirmation of employees' rights to receive terminal benefits and the court’s approach to delivering justice during the COVID-19 pandemic, utilizing online platforms to ensure access to justice.

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