[2021] KEELRC 46 (KLR)
The Court determined the quantum of the claimant's entitlements based on the payslip provided, which established the claimant's last drawn gross salary as Kshs 32,600. The Court awarded one month’s salary in lieu of notice, half salary for the period of interdiction, and eight months’ salary as compensation for...
Source-derived case information.
- Citation
- [2021] KEELRC 46 (KLR)
- Parties
- Claimant: Benson Mwangi Kagunda; Respondent: Nairobi City County
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1836 of 2015
- Procedural Posture
- Employment Cause / Judgment on Quantum
- Outcome
- Judgment for the claimant on quantum.
- Judges
- MN Nduma
- Legal Topics
- Unfair Termination, Quantum of Damages, Salary in Lieu of Notice, Interdiction, Compensation, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Mwangi Kagunda
Claimant
Nairobi City County
Respondent
Procedural Posture
Employment Cause / Judgment on Quantum
Legal Issues
- 1 Whether the claimant is entitled to salary in lieu of notice.
- 2 Whether the claimant is entitled to half salary for the period of interdiction.
- 3 Whether the claimant is entitled to compensation for unfair termination.
Ratio Decidendi
The Court determined the quantum of the claimant's entitlements based on the payslip provided, which established the claimant's last drawn gross salary as Kshs 32,600. The Court awarded one month’s salary in lieu of notice, half salary for the period of interdiction, and eight months’ salary as compensation for unfair termination, in accordance with the prior judgment and the Employment Act. The total award was computed as Kshs 304,000, with interest from the date of judgment and costs as previously ordered. The respondent did not contest the quantum or the documentary evidence provided by the claimant, and the Court found no reason to depart from the earlier findings on liability.
Court Disposition
Judgment for the claimant on quantum.
Orders
- Respondent to pay claimant Kshs 32,600 in lieu of one month notice.
- Respondent to pay claimant Kshs 82,600 as half salary for the period of interdiction.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE N0. 1836 OF 2015
BENSON MWANGI KAGUNDA........................................................CLAIMANT
VERSUS
NAIROBI CITY COUNTY...........................................................RESPONDENT
JUDGMENT ON QUANTUM
1. The Court as per Abuodha, J. delivered a judgment dated 18th October, 2019 in which the Court awarded the claimant as follows:-
(a) One month’s salary in lieu of notice.
(b) Half salary retained for the period of interdiction.
(c) Eight months’ salary as compensation for unfair termination.
(d) Costs.
2. The Court then found as follows at paragraph 29 of the judgment:-
“The parties never disclosed the claimant’s exit salary. Let the same be ascertained by the parties and be filed in Court to enable the Court record a final judgment in the matter”
3. The claimant has since provided a payslip for the month of October, 2013 which shows that the claimant earned a gross salary of Kshs 32,600 at the time.
4. The claimant was interdicted on 15th June, 2013. The claimant was dismissed from work on 18th June, 2013. The decision to dismiss the claimant was upheld by the County Public Service Board on 15th February, 2014 and he stopped working on 23rd January, 2014.
5. In terms of the aforesaid facts contained in the Judgment of Court, and in view of the payslip submitted to the Court as directed to the parties by the trial Court, the Court quantifies the judgment of the Court as follows:-
The respondent is to pay the claimant as follows:-
(a) Kshs 32,600 in lieu of one month notice.
(b) Half salary for the period of interdiction between 15thJune, 2013 and 23rd January, 2014 when the claimant stopped working (Kshs 23,600 x 7 x ½) = Kshs 82,600.
(c) Eight months’ salary in compensation for unlawful and unfair dismissal – Kshs 188,800.
Total award – Kshs 304,000
(d) The award is payable with interest at Court rates fromthe date of judgment on 18th October, 2019 till payment in full.
(e) Costs of the suit as ordered by the trial Court.
DATED AND DELIVERED AT NAIROBI (VIRTUALLY) THIS 16TH DAY OF DECEMBER, 2021.
MATHEWS N. NDUMA
JUDGE
APPEARANCES
MR. AMEDI FOR CLAIMANT
MR. KITHI FOR RESPONDENT
EKALE – COURT CLERK