[2020] KEELRC 1798 (KLR)

[2020] KEELRC 1798 (KLR)

The court found that there was an error in the calculation of gratuity in its previous judgment, where the sum was computed on an annual rather than a monthly basis. Since the respondent conceded the application and did not oppose the correction, and the error was apparent on the face of the record, the court...

Source-derived case information.

Citation
[2020] KEELRC 1798 (KLR)
Parties
Applicant: Benard Lumba; Respondent: Nzoia Water Services Company Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Bungoma
Jurisdiction
Kenya
Case Number
Cause 18 of 2017
Procedural Posture
Cause / Ruling on Review Application
Outcome
application for review allowed; judgment reviewed to correct gratuity award
Judges
MN Nduma
Legal Topics
Gratuity Calculation, Judgment Review, Remuneration Adjustment
Source Language
en
Employment and Labour Gratuity Calculation Judgment Review Remuneration Adjustment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Benard Lumba

Applicant

Nzoia Water Services Company Limited

Respondent

Procedural Posture

Cause / Ruling on Review Application

Legal Issues

  1. 1 Whether the court should review its judgment to correct the calculation of gratuity from an annual to a monthly basis.
  2. 2 Whether the applicant is entitled to an adjustment of the gratuity award from Kshs. 52,500 to Kshs. 630,000.

Ratio Decidendi

The court found that there was an error in the calculation of gratuity in its previous judgment, where the sum was computed on an annual rather than a monthly basis. Since the respondent conceded the application and did not oppose the correction, and the error was apparent on the face of the record, the court exercised its power to review and amended the gratuity award from Kshs. 52,500 to Kshs. 630,000 to reflect the correct calculation for 2 years at 17.5% per month.

Court Disposition

application for review allowed; judgment reviewed to correct gratuity award

Orders

  • The gratuity award in the judgment delivered on 29th March 2019 is reviewed from Kshs. 52,500 to Kshs. 630,000.
  • It is so ordered.