[2015] KEELRC 426 (KLR)
The Court determined that the correct monthly salary for computation of the 6 months compensation is Kshs. 106,630/-, being the sum of basic pay and house allowance as set out in the Claimant's pleadings and not the higher figure claimed. The Claimant is entitled to 6 months compensation at this rate, totaling Kshs....
Source-derived case information.
- Citation
- [2015] KEELRC 426 (KLR)
- Parties
- Applicant: Fredrick Langat; Respondent: National Water Conservation & Pipeline Corporation
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 219 of 2013
- Procedural Posture
- Cause / Post Judgment Application for Computation of Benefits
- Outcome
- Application largely successful; computation clarified and further directions issued.
- Judges
- AN Makau
- Legal Topics
- Terminal Benefits, Compensation Calculation, Salary Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fredrick Langat
Applicant
National Water Conservation & Pipeline Corporation
Respondent
Procedural Posture
Cause / Post Judgment Application for Computation of Benefits
Legal Issues
- 1 Whether the correct salary figure was used in computing the Claimant's compensation as per the judgment.
- 2 Whether the Claimant is entitled to additional sums beyond the 6 months compensation awarded in the judgment.
- 3 Whether the Respondent should provide computation of service benefits due to the Claimant.
Ratio Decidendi
The Court determined that the correct monthly salary for computation of the 6 months compensation is Kshs. 106,630/-, being the sum of basic pay and house allowance as set out in the Claimant's pleadings and not the higher figure claimed. The Claimant is entitled to 6 months compensation at this rate, totaling Kshs. 639,780/-, plus costs of the suit. The Respondent is further required to file a computation of the service benefits due to the Claimant within 14 days. No order for interest or costs on the application was made due to the contribution of both parties to the dispute.
Court Disposition
Application largely successful; computation clarified and further directions issued.
Orders
- Compensation to the Claimant to be calculated at Kshs. 106,630/- per month for 6 months, totaling Kshs. 639,780/-.
- Respondent to file within 14 days a computation of the service benefits due to the Claimant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT&LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 219 OF 2013
FREDRICK LANGAT………….…....………….…………..CLAIMANT
VERSUS
NATIONAL WATER CONSERVATION
& PIPELINE CORPORATION………..….…….……RESPONDENT
RULING
The Application before me is the Claimant/Applicant’s notice of motion dated 8th April 2015. The application in a nutshell seeks the calculation of benefits pursuant to judgment. The Claimant seeks payment of various sums tabulated in his application.
The Respondent did not accept the tabulations and filed an affidavit on 19th May 2015 sworn by Ezekiah Kipkiai. In it, he deposed that the Claimant was earning a salary of Kshs. 106,630/- a month and not the 109,630/- used by the Claimant to compute his dues. The Respondent also disputed the payment of Kshs. 109,630/- sought as salary in addition to the 6 months compensation.
The Court has simple task before it. The Judgment of the Court given on 12th May 2014 was very clear. The Claimant was entitled to 6 months compensation. The Claimant in his claim paragraph 4 set out his basic pay as Kshs. 76,630/- plus house allowance of Kshs. 30,000/- per month. The simple arithmetic brings the sum to Kshs. 106,630/-. This is the sum to be used to calculate the 6 months compensation which is for avoidance of doubt Kshs. 639,780/- plus costs of the suit. There was no order for interest.
The Respondent was also ordered to pay the Claimant’s service benefits denied him at the time of dismissal. The Respondent does not indicate what these figures are and the Respondent is thus required to file within 14 days of the date of this Ruling a computation of the service benefits due to the Claimant. The application is largely successful but in view of the contribution of each party to the said application, no order will be given for costs.
Orders accordingly.
Dated and delivered at Nairobi this 28thday of September 2015
Nzioki wa Makau
JUDGE