[2023] KEELRC 3393 (KLR)
The court determined that, following agreement between the parties, the claimant's monthly salary at the time of expiry of employment was KES 21,304. The court quantified the total dues owed to the claimant, including underpaid salary for specified periods, house allowance, retirement benefits, and house allowance...
Source-derived case information.
- Citation
- [2023] KEELRC 3393 (KLR)
- Parties
- Claimant: Bartholomew Mwaura Gathondeka; Respondent: The Hon Attorney General (Ministry of Defence); Respondent: Ministry of Labour National Industrial Training Scheme
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 983 of 2014
- Procedural Posture
- Cause / Post Judgment Ruling on Quantum and Clarification of Dues
- Outcome
- Claimant awarded quantified dues as agreed, with costs and interest.
- Judges
- AN Mwaure
- Legal Topics
- Retirement Benefits, Salary Arrears, House Allowance, Court Interest, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bartholomew Mwaura Gathondeka
Claimant
The Hon Attorney General (Ministry of Defence)
Respondent
Ministry of Labour National Industrial Training Scheme
Respondent
Procedural Posture
Cause / Post Judgment Ruling on Quantum and Clarification of Dues
Legal Issues
- 1 What is the correct quantum of the claimant's salary and retirement dues owed by the respondents.
- 2 Whether the claimant is entitled to underpaid salary, house allowance arrears, retirement benefits, costs, and interest.
Ratio Decidendi
The court determined that, following agreement between the parties, the claimant's monthly salary at the time of expiry of employment was KES 21,304. The court quantified the total dues owed to the claimant, including underpaid salary for specified periods, house allowance, retirement benefits, and house allowance arrears, amounting to KES 822,505. The court further awarded costs to the claimant and interest at court rates from the date of the judgment until full payment. The ruling clarified the sums due, ensuring compliance with the principles of fairness and access to justice, and was delivered virtually in accordance with COVID-19 related directions and constitutional imperatives to...
Court Disposition
Claimant awarded quantified dues as agreed, with costs and interest.
Orders
- Respondents to pay the claimant KES 822,505 comprising underpaid salary, house allowance, retirement benefits, and arrears as itemized in the ruling.
- Respondents to pay costs to the claimant.
Full Case Text
Judgment text and source record
20 paragraphs
Gathondeka v Attorney General (Ministry of Defence) & another (Cause 983 of 2014) [2023] KEELRC 3393 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEELRC 3393 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 983 of 2014
AN Mwaure, J
December 19, 2023
Between
Bartholomew Mwaura Gathondeka
Claimant
and
The Hon Attorney General (Ministry of Defence)
1st Respondent
Ministry of Labour National Industrial Training Scheme
2nd Respondent
Ruling
1. The honourable court delivered its judgment dated 5th August 2023.
2. The court was not clear what the claimant’s salary was and now the parties are in agreement that the monthly salary of the claimant at the time of expiry of his employment was kshs 21,304/-.
3. The retirement dues from 1st April 2014 to 30th June 2017 as agreed by the parties is kshs 199,676/-. There is also house allowance arrears which amounts to kshs 11,676/-. The total due to the claimant therefore is kshs 822,505/-.a.121,228/- underpaid salary from April 2014 to December 2015 and January 2015 to March 2015. b.95,040/- Underpaid salary from April 2015 to April 2016. c.143,040/- Underpaid salary for May 2016 to April 2017d.23,840/- underpaid salary for May & June 2017e.228,000/- House allowancef.199,676/- Retirement benefits from 1st April 2014 to 30th June 2017g.11,676/- House allowance arrears is kshs 11,676/-h.Costs to the claimant.i.Interest is awarded at court rates from date of this judgment till full payment.Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 19THDAY OF DECEMBER, 2023. ANNA NGIBUINI MWAUREJUDGEORDERIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open Court. In permitting this course, this Court has been guided by Article 159(2)(d) of the Constitution which requires the Court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this Court the duty of the Court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.A signed copy will be availed to each party upon payment of Court fees.ANNA NGIBUINI MWAUREJUDGE