[2022] KEELRC 1135 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT KISUMU

CAUSE NO. 286 OF 2016

(Originally Kisii High Court Civil Case No. 17 of 2007)

ALFRED OGINGA IGONYI.............................. 1ST CLAIMANT

ARATI OMWANGE ............................................2ND CLAIMANT

BONFACE OBIERO........................................... 3RD CLAIMANT

CLEMENT AYIENDA........................................4TH CLAIMANT

DAVID MOSOBA................................................5TH CLAIMANT

DISMAS OMWOYO.......................................... 6TH CLAIMANT

EVANS ORANGI ............................................... 7TH CLAIMANT

FRANCIS KEBWAGE........................................8TH CLAIMANT

GRACE NYABOKE........................................... 9TH CLAIMANT

HANDSON OGANGA .....................................10TH CLAIMANT

HELLEN OYUNGE .........................................11TH CLAIMANT

HENRY OMBOGO...........................................12TH CLAIMANT

IBRAHIM ONDARA....................................... 13TH CLAIMANT

ISAC OSORO ...................................................14TH CLAIMANT

JAMES ONYAMBU ....................................... 15TH CLAIMANT

JAMES SIBWOGA......................................... 16TH CLAIMANT

JENEPHER NYABERI....................................17TH CLAIMANT

JANET ORINA ................................................18TH CLAIMANT

JERUSA ONCHARI....................................... 19TH CLAIMANT

JOWL MOCHUMA OKERO.........................20TH CLAIMANT

JOEL NYAKORA .......................................... 21ST CLAIMANT

JOHN BONGOYE ..........................................22ND CLAIMANT

JOHN NYABOGA ..........................................23RD CLAIMANT

JOSEPH ONDARI..........................................24TH CLAIMANT

JOSEPHINE NYAMORI.............................. 25TH CLAIMANT

LUCY BARONGO ........................................26TH CLAIMANT

MARCELLA MACHOMA ..........................27TH CLAIMANT

NATHAN OSORO ....................................... 28TH CLAIMANT

PETER OKWENDA ....................................29TH CLAIMANT

RICHARD OBONYO ................................. 30TH CLAIMANT

RICHARD TANI ..........................................31ST CLAIMANT

SIMION OYONGO......................................32ND CLAIMANT

SIMON MOKAYA.......................................33RD CLAIMANT

ZIPORAH MATUNDRA ............................34TH CLAIMANT

JANE NYAMBANE .....................................35TH CLAIMANT

AMOS MAGEMBE..................................... 36TH CLAIMANT

ELIZABETH MORAA ...............................37TH CLAIMANT

DOMNIC ONYUOKI ................................ 38TH CLAIMANT

EVALINE OSEKO ....................................39TH CLAIMANT

IBRAHIM NYAMGARESI .......................40TH CLAIMANT

JULIANA ORINA ......................................41ST CLAIMANT

RHODA KWAMBOKA ...........................42ND CLAIMANT

SELINA NYABONYI.................................43RD CLAIMANT

MESHACK KEINDA ONDARI...............44TH CLAIMANT

NEMWEL OGECHI ................................45TH CLAIMANT

JAMES NYABWANGA ...........................46TH CLAIMANT

RAEL OTWEKA .....................................47TH CLAIMANT

LABAN NYANDEGE...............................48TH CLAIMANT

NELSON MOGENI .................................49TH CLAIMANT

HANNINGTON MARUBE AKUNA......50TH CLAIMANT

MISHAEL OMWENO............................. 51ST CLAIMANT

PENINA OSEKO ....................................52ND CLAIMANT

DISHON MAKORI ................................53RD CLAIMANT

GLADYS MIRUKA................................54TH CLAIMANT

JOSEPH MOMANYI.............................55TH CLAIMANT

JOYCE KEREBI................................... 56TH CLAIMANT

JOYCE OGECHI ..................................57TH CLAIMANT

MARGARET ORINA............................58TH CLAIMANT

MARY MAOBE.....................................59TH CLAIMANT

MARY MAYAKA .................................60TH CLAIMANT

ONDIEKI NYANDIRI...........................61ST CLAIMANT

ELIJAH KERONGO........................... 62ND CLAIMANT

ONCHWERI OYARO .........................63RD CLAIMANT

HESBON ONCHARI ...........................64TH CLAIMANT

NATHAN ONYANGO .........................65TH CLAIMANT

SAMSON MOSONGO.........................66TH CLAIMANT

HEZRON MOTARO ONWONG’A....67TH CLAIMANT

VERSUS

OGEMBO TEA FACTORY LTD.............RESPONDENT

RULING NO. 2

1. In a judgment delivered on 9 July 2019, the Court entered judgement for the Claimants and directed the parties to compute and file in Court for adoption within 14-days, the salary and allowances arrears due to the Claimants.

2. The parties did not agree and the Claimants filed their computations on 9 August 2018.

3. On 14 August 2018, the Respondents Head of Legal and Regulatory Affairs wrote to the Claimants’ advocates forwarding their computations (totaling Kshs 18,672,257/-) and requesting for a meeting to negotiate possible settlement.

4. The Claimants accepted the offer through a letter dated 30 March 2020.

5. When the Cause was mentioned on 25 May 2021 to confirm compliance, the Claimants informed the Court that they had filed computations and that they had also got an offer from the Respondent.

6. The Respondent however indicated that they wanted more time to meet with the Claimants and the Court gave them more time and directed that a consent be filed if agreement was reached. The Court fixed the matter for mention on 24 June 2021.

7. On 24 June 2021, the Claimants informed the Court that they had accepted the offer from the Respondent. The Respondents however stated that the parties had not met.

8. The Court therefore directed the Respondent to file its computations on the arrears, but the order was not complied with and the Court gave the Respondent the last opportunity to comply before 3 November 2021.

9. When the parties appeared in Court on 3 November 2021, the Claimants again indicated that they had accepted the Respondent’s offer to pay Kshs 18,672,257/- instead of the Kshs 21,300,228/- they had sought.

10. The Claimants further indicated that they had filed an affidavit in Court on 20 April 2021 indicating acceptance of the offer.

11. The Respondent however contended that negotiations had collapsed and that they had filed an appeal before the Court of Appeal.

12. On 18 November 2021, the Court directed that it would render a Ruling today.

13. The Court has considered the record and affidavits filed and come to the conclusion that since the Respondent made an offer and which offer was accepted by the Claimants and considering that the Respondent has not been keen to have this long outstanding matter resolved, the computations by the Respondent which were accepted by the Claimants be adopted as part of the judgment.

14. Before concluding, the Court notes that the conduct of the Respondent during the various mentions indicates a party intent on delaying as much as possible the effective resolution of a dispute which had ended in adverse orders being made against it. It is not even discernible from the file whether the Respondent collected certified copies of proceedings despite being informed on 18 May 2020.

Conclusion and Orders

15. The Court therefore enters judgment for the Claimants in the sum of Kshs 18,672,257/-.

16. The sum to attract interest at court rates from 30 March 2020 being the date the Claimants accepted the offer.

DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 16TH DAY OF FEBRUARY, 2022

RADIDO STEPHEN, MCIARB

JUDGE

Appearances

For Claimants Ondabu & Co. Advocates

For Respondent Nyachiro Nyagaka & Co. Advocates

Court Assistant Chrispo Aura