[2016] KEELRC 342 (KLR)
The Court adopted the sum of Kshs 25,560 as agreed by the parties for underpayments, in line with its earlier directive for parties to agree on computations before decree. The total award to the Claimant, inclusive of this sum and other reliefs, was set at Kshs 218,054, to be reflected in the decree. The Court's...
Source-derived case information.
- Citation
- [2016] KEELRC 342 (KLR)
- Parties
- Claimant: Ezra Nyamweya Motari; Respondent: Kanini Haraka Enterprises Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 238 of 2013
- Procedural Posture
- Employment Cause / Post Judgment Computation and Adoption of Agreed Sum
- Outcome
- Claimant awarded agreed sum for underpayments; total award specified for decree.
- Judges
- MSA Makhandia
- Legal Topics
- Underpayment of Wages, Wage Computation, Relief Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezra Nyamweya Motari
Claimant
Kanini Haraka Enterprises Ltd
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation and Adoption of Agreed Sum
Legal Issues
- 1 Whether the parties had agreed on the computation of underpayments as directed by the Court.
- 2 Whether the agreed sum should be adopted and reflected in the decree.
Ratio Decidendi
The Court adopted the sum of Kshs 25,560 as agreed by the parties for underpayments, in line with its earlier directive for parties to agree on computations before decree. The total award to the Claimant, inclusive of this sum and other reliefs, was set at Kshs 218,054, to be reflected in the decree. The Court's decision was based on the mutual agreement of the parties and the need for finality in the computation of monetary awards in employment disputes.
Court Disposition
Claimant awarded agreed sum for underpayments; total award specified for decree.
Orders
- The computation of Kshs 25,560 as underpayments is adopted and awarded to the Claimant.
- The total award to be reflected in the decree is Kshs 218,054.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 238 OF 2013
EZRA NYAMWEYA MOTARI CLAIMANT
V
KANINI HARAKA ENTERPRISES LTD RESPONDENT
RULING
1. In a judgment delivered on 19 September 2016, the Court found and held that the Claimant had been underpaid and directed the parties to agree on the computations before issuance of a decree.
2. On 24 October 2016, Mrs. Ndeda for the Claimant and Mr. Opar for the Respondent informed the Court that they had agreed on a sum of Kshs 25,560/- as the underpayments.
3. The Court therefore adopts the computation by the parties and awards the Claimant the sum of Kshs 25,560/- under the head of relief for underpayments, in addition to the other reliefs.
4. The total award to be reflected in the decree is therefore Kshs 218,054/-.
5. It is so ordered.
Delivered, dated and signed in Nakuru on this 28th day of October 2016.
Radido Stephen
Judge
Appearances
For Claimant Ndeda & Associates Advocates
For Respondent Muthanwa & Co. Advocates
Court Assistant Nixon