[2017] KEELRC 1709 (KLR)
The court found that the applicant's application to vary the consent judgment was incompetent because it failed to specify the correct amount that should replace the sum in the consent, nor did it adequately disclose the nature of the error or the remedy sought. The court was satisfied with the respondent's...
Source-derived case information.
- Citation
- [2017] KEELRC 1709 (KLR)
- Parties
- Claimant: Belinda Wanjiri Waitiki; Respondent: Kenya Airports Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1278 of 2010
- Procedural Posture
- Cause / Ruling on Application to Vary Consent Judgment
- Outcome
- application dismissed
- Legal Topics
- Consent Judgment, Review of Judgment, Mathematical Error, Salary in Lieu of Notice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Belinda Wanjiri Waitiki
Claimant
Kenya Airports Authority
Respondent
Procedural Posture
Cause / Ruling on Application to Vary Consent Judgment
Legal Issues
- 1 Whether the consent judgment entered on 12th May 2016 should be varied due to an alleged mathematical error.
- 2 Whether the application to vary the consent judgment is competent in the absence of a specified correct amount.
Ratio Decidendi
The court found that the applicant's application to vary the consent judgment was incompetent because it failed to specify the correct amount that should replace the sum in the consent, nor did it adequately disclose the nature of the error or the remedy sought. The court was satisfied with the respondent's explanation regarding the calculation of the decretal sum and found no justification to vary the consent order reached by the parties. As such, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application to vary the consent judgment is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1278 OF 2010
BELINDA WANJIRI WAITIKI…..………..….....…………..CLAIMANT
VERSUS
KENYA AIRPORTS AUTHORITY………………….…RESPONDENT
Mr. Nyabena for the claimant
Mr. Kyengo for respondent
RULING
1. Applicant seeks to vary a consent entered to by the parties on 12th May 2016 pursuant to a judgment of the court delivered on 29th November 2011.
2. The applicant attributes the need for review to a mathematical error by the parties in arriving at the consent.
3. The application is opposed vide a replying affidavit of Alfred Nyabena, counsel for the claimant in which counsel concedes to a mathematical and clerical error in respect of the 3 months’ salary in lieu of notice which should be Kshs.180,969/= instead of Kshs.90,969/= giving a total of Kshs.904,845/= instead of Kshs.814,645/=
4. The applicant does not in its application dated 8th September 2016 and in the supporting affidavit indicate what ought to be the correct amount in place of Kshs.814,645/=. This in itself renders the application incompetent since it does not disclose the purported error made by the parties nor does it provide the remedy sought.
5. The explanation by the respondent as to the calculation for the decretal sum is satisfactory to the court. The court finds no justification to vary the consent order reached by the parties at all.
The application is dismissed with no order as to costs.
Dated and delivered at Nairobi this 2nd day of March 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE