Asa Limited v Kimondo & 20 others (Cause 35 of 2016) [2023] KEELRC 1169 (KLR)
The bottom line
#Kenyan employees who quit without giving required notice can be sued successfully, especially if they ignore the court case entirely.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the respondents, who failed to enter appearance or file a defence, are liable to the claimant for the losses claimed
- 2.Whether the respondents illegally disengaged from their employment by failing to give one month's notice or salary in lieu as required by their appointment letters
- 3.Whether judgment should be entered in favour of the claimant as prayed in an undefended cause
Key legal issues
#Liability of former employees who deserted employment without notice in an undefended claim
Judgment was entered in favour of the claimant as prayed, with costs and interest, on the uncontroverted evidence of its Director of Human Resource.
The matter was declared undefended after the respondents were served but failed to enter appearance or file a defence. The claimant's sole witness adopted his witness statement and documents showing appointment letters requiring one month's notice or salary in lieu. The court found the claimant reasonably showed the respondents separated unlawfully, and entered judgment as prayed in the undefended cause.
Legal principles established
#- In an undefended cause, where the claimant reasonably demonstrates that respondents separated from employment unlawfully (without contractual notice or salary in lieu), judgment will be entered in favour of the claimant as prayed.
Court orders
#- 1.Judgment entered in favour of the Claimant as prayed in the claim
- 2.The Claimant to have costs of the suit
- 3.The Claimant to have interest
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment disputes (memorandum of claim under the Court's procedure; specific enabling provision not cited in the judgment)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
this matter is undefended and the Claimant having reasonably shows that the respondents did not follow the law while separating from their employment with the Claimant, the Court hereby enters judgment in favour of the Claimant as prayed in the claim.
The Claimant shall further have costs and interest.
The matter was therefore on 4th October, 2022 (Mbaru, J) declared undefended and was allowed to proceed as undefended cause.
Issues in the judgment
#The judgment's summary of the memorandum of claim refers to the claimant as 'him' ('the dues owed to him by the Respondents') although the claimant is pleaded as a limited liability company.
The judgment enters judgment 'as prayed' but does not itemise or quantify the damages or amounts awarded.
The case number and neutral citation are not stated anywhere in the judgment text supplied.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Asa Limited v Kimondo & 20 others (Cause 35 of 2016) [2023] KEELRC 1169 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1169/eng@2023-05-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.