[2018] KEELRC 371 (KLR)
The court found that the claimants were entitled to be declared permanent employees under Section 37(1) of the Employment Act, 2007, as they had served the respondent continuously. The court further held that each claimant was entitled to payment of a month’s salary in lieu of leave days not taken for each completed...
Source-derived case information.
- Citation
- [2018] KEELRC 371 (KLR)
- Parties
- Applicant: Alividza Katsa Georgianna; Applicant: Daniel King’ori Mathenge; Applicant: Faith Wanjiku Njeru; Applicant: Samuel Mburu Machua; Respondent: The Independent Electoral and Boundaries Commission
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1503 of 2013
- Procedural Posture
- Employment Cause / Final Judgment
- Outcome
- Judgment for the claimants; computation of leave allowance confirmed as per claimants' figures.
- Judges
- DO Ogal
- Legal Topics
- Permanent Employment Status, Leave Allowance, Payment in Lieu of Leave, Employment Certificates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alividza Katsa Georgianna
Applicant
Daniel King’ori Mathenge
Applicant
Faith Wanjiku Njeru
Applicant
Samuel Mburu Machua
Applicant
The Independent Electoral and Boundaries Commission
Respondent
Procedural Posture
Employment Cause / Final Judgment
Legal Issues
- 1 Whether the claimants were entitled to be declared permanent employees under Section 37(1) of the Employment Act, 2007.
- 2 Whether the claimants were entitled to payment in lieu of leave days not taken for each completed year of service.
- 3 Whether the claimants who left employment were entitled to certificates of service recognizing permanent employment.
Ratio Decidendi
The court found that the claimants were entitled to be declared permanent employees under Section 37(1) of the Employment Act, 2007, as they had served the respondent continuously. The court further held that each claimant was entitled to payment of a month’s salary in lieu of leave days not taken for each completed year of service, and that those who had left employment were entitled to certificates of service. The respondent failed to file or confirm any computation of leave days despite being granted opportunities to do so. Consequently, the court adopted the claimants’ computation as final and ordered payment of the specified sums with interest at court rates from the date of filing...
Court Disposition
Judgment for the claimants; computation of leave allowance confirmed as per claimants' figures.
Orders
- The claimants are declared permanent employees in terms of Section 37(1) of the Employment Act, 2007 from the date of employment in their respective positions.
- Each claimant to be paid a month’s salary in lieu of leave days not taken for each completed year of service.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE 1503 OF 2013
(Before Hon. Lady Justice Maureen Onyango)
ALIVIDZA KATSA GEORGIANNA...............1ST CLAIMANT
DANIEL KING’ORI MATHENGE.................2ND CLAIMANT
FAITH WANJIKU NJERU...............................3RD CLAIMANT
SAMUEL MBURU MACHUA........................4TH CLAIMANT
VERSUS
THE INDEPENDENT ELECTORAL AND
BOUNDARIES COMMISSION...........................RESPONDENT
FINAL JUDGMENT TABULATION OF
LEAVE ALLOWANCE
Judgment in this suit was prepared by Ho. Justice Mathews N. Nderi and delivered by myself on his behalf on 10th August 2018. The orders in the judgment were as follows –
a) The Claimants are declared permanent employees in terms of Section 37 (1) of the Employment Act, 2007 from the date of employment in the respective positions they served the respondent.
b) Each Claimant to be paid a month’s salary in lieu of leave days not taken for each completed year of service.
c) The Claimants who have since left the employment of the respondent to be provided with certificates of service recognizing their employment in a permanent capacity for the period served.
d) The payment in (b) above to be computed and paid within 30 days of this judgment. The amount to be paid with interest at court rates from date of filing suit till payment in full.
e) The respondent to pay the costs of the suit.
On the date of delivery of judgment I directed that parties compute the leave days payable to the claimants for final judgment on the same and fixed the matter for mention on 9th October 2018 for the confirmation of the figures.
On 9th October 2018 when the matter came up for mention only the claimants had computed. I granted leave to the respondent to file its computation within 14 days and fixed the case for further mention on 26th November 2018. The respondent again failed to file its computation by 26th November and further by 3rd December 2018.
The respondent having failed to compute or to confirm the computation by the claimants the court has no option but to confirm the claimants’ computation.
Final judgment on the computation of leave days is entered as follows –
1. .. Daniel Mathenge ................. Kshs.358,858.
2. .. Faith Wanjiku ....................... Kshs.358,858
3. .. Georgianna Alividza ............. Kshs.358,858
4. .. Samuel Machua .................... Kshs.252,932
Total Kshs.1,329,506
Final judgment on pay in lieu of leave is confirmed accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF DECEMBER 2018
MAUREEN ONYANGO
JUDGE