[2017] KEELRC 801 (KLR)
The court found that there was a clear and undisputed omission in the final order of its judgment delivered on 15th January 2016, specifically the relief for underpaid two months’ salary in lieu of notice including house allowance as pleaded and referenced in the judgment. The omission was an error apparent on the...
Source-derived case information.
- Citation
- [2017] KEELRC 801 (KLR)
- Parties
- Claimant: Charles Thuo Muguku; Respondent: K-Unity Saving and Credit Co-operative Society Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1055 of 2011
- Procedural Posture
- Employment Cause / Ruling on Application for Correction of Judgment
- Outcome
- application allowed; judgment corrected to include omitted relief
- Legal Topics
- Salary in Lieu of Notice, House Allowance, Judgment Correction, Underpayment of Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Thuo Muguku
Claimant
K-Unity Saving and Credit Co-operative Society Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Correction of Judgment
Legal Issues
- 1 Whether there was an error apparent on the face of the judgment regarding omission of relief for underpaid salary and house allowance.
- 2 Whether the judgment should be reviewed and corrected to include the omitted relief.
Ratio Decidendi
The court found that there was a clear and undisputed omission in the final order of its judgment delivered on 15th January 2016, specifically the relief for underpaid two months’ salary in lieu of notice including house allowance as pleaded and referenced in the judgment. The omission was an error apparent on the face of the record. The court exercised its power to review and correct its judgment to include the omitted relief, ensuring the judgment accurately reflected the reliefs granted and the intention of the court. No order as to costs was made.
Court Disposition
application allowed; judgment corrected to include omitted relief
Orders
- The judgment delivered on 15th January 2016 is reviewed and corrected to include an award of underpaid two months’ salary in lieu of notice including house allowance in the sum of Kshs.70,000 in the final order.
- 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. 1055 OF 2011
CHARLES THUO MUGUKU....………………………CLAIMANT
VERSUS
K-UNITY SAVING AND CREDIT
CO-OPERATIVE SOCIETY LIMITED ...……………………RESPONDENT
M/s Mwangi for the claimant
M/s Musungu respondent
RULING
1. This is an application to correct an error on the face of the judgment of the court which resulted in the omission of the relief for payment, for underpaid two (2) months’ salary in lieu of notice including house allowance in the sum of Kshs.70,000/=in the final order of the court.
2. The court has considered the submissions by the parties and has carefully perused the judgment it delivered on 15th Janaury 2016 and is satisfied that it omitted in error to put the relief set out in paragraph 12 (d) of the statement of claim and reproduced in the first paragraph of the judgment in its final order.
3. Accordingly, the court reviews and corrects its judgment delivered on 15th Janaury 2016 to include an award of;
Underpaid two (2) months’ salary in lieu of notice including house allowance in the sum of Kshs.70,000/= in the final order of the court.
4. No order as to costs.
Dated and delivered at Nairobi this 28th Day of April 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE