[2019] KEELRC 2342 (KLR)
The court, having previously determined the claimant's entitlement to compensation for leave pay, overtime, rest days, and public holidays, adopted the computation presented and awarded the claimant an additional sum. The total judgment sum was recalculated to include all heads of claim as previously adjudicated,...
Source-derived case information.
- Citation
- [2019] KEELRC 2342 (KLR)
- Parties
- Claimant: Agapetus Nyongesa; Respondent: Board of Management Bungoma High School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Cause 96 of 2017
- Procedural Posture
- Employment Cause / Ruling on Computation Following Judgment and Review
- Outcome
- Claimant awarded additional sum; total judgment sum computed and confirmed.
- Legal Topics
- Compensation Calculation, Leave Pay, Overtime Entitlement, Service Gratuity, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agapetus Nyongesa
Claimant
Board of Management Bungoma High School
Respondent
Procedural Posture
Employment Cause / Ruling on Computation Following Judgment and Review
Legal Issues
- 1 Whether the claimant is entitled to additional sums for leave pay, overtime, rest days, and public holidays for a period of 3 years.
- 2 Whether the computation of the judgment sum is accurate and in accordance with the court's previous orders.
Ratio Decidendi
The court, having previously determined the claimant's entitlement to compensation for leave pay, overtime, rest days, and public holidays, adopted the computation presented and awarded the claimant an additional sum. The total judgment sum was recalculated to include all heads of claim as previously adjudicated, resulting in a final award of Kshs 787,744.90 plus costs. The court's decision was based on the binding effect of its earlier judgment and review ruling, and the statutory entitlements under the Employment Act.
Court Disposition
Claimant awarded additional sum; total judgment sum computed and confirmed.
Orders
- The claimant is awarded an additional sum of Kshs 479,134.98 for leave pay, overtime, rest days, and public holidays.
- The total judgment sum is confirmed at Kshs 787,744.90 plus costs of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT BUNGOMA
CAUSE NO. 96 OF 2017
AGAPETUS NYONGESA...................................................................CLAIMANT
VERSUS
BOARD OF MANAGEMENT BUNGOMA HIGH SCHOOL...RESPONDENT
R U L I N G O N C O M P U T A T I O N
Pursuant to the Judgment of the court delivered on 2. 3.2018 and Ruling on an application for review delivered on 27. 7.2018, the court adopted the computation on Leave pay, Overtime, Restdays and Public Holidays for a period of 3 years and awards the Claimant an additional sum of Kshs 479,134. 98.
The total judgment sum is therefore as follows:-
a. Kshs 137,160 in compensation.
b. Kshs 11,430 in lieu of notice.
c. Kshs 160,020 service gratuity and
d. Kshs 479, 134. 50 in respect of Leave pay; and overtime for working days and public holidays.
Total judgment sum is Kshs 787,744. 90 and costs of the suit.
DATED, SIGNED and DELIVERED at BUNGOMA this 1st day of FEBRUARY, 2019.
HON. M. N. NDUMA, JUDGE
EMPLOYMENT AND LABOUR RELATIONS COURT
BUNGOMA
Appearances:
Mr. Were for Claimant
Chrispo: Court Assistant