[2024] KEELRC 1320 (KLR)
The respondents, by their formal reply, admitted the claimants' entitlement to the claimed sum for accrued and outstanding travel and subsistence allowances. The court found no dispute as to liability or quantum, and the only explanation for non-payment was budgetary constraint, which does not extinguish the legal...
Source-derived case information.
- Citation
- [2024] KEELRC 1320 (KLR)
- Parties
- Applicant: Samson Hayanga; Applicant: Benjamin Bahati; Applicant: Isra Daniel Wanjuhi; Applicant: Ali Ramtu Bakari; Applicant: Calstus Wachana; Applicant: David Mwaruma; Applicant: Robinson Asira; Applicant: Samuel Mutai; Applicant: James Gathura; Applicant: Francis Muinda; Applicant: Francis Nguata; Applicant: Paul Oloo; Applicant: Amos Waweru; Applicant: Dr Ndegwa William; Applicant: Dominic Mbindyo; Applicant: Simon Gichomo; Applicant: Dominic Arodi; Applicant: Abraham Changara; Applicant: Mary Githinji; Applicant: Ezekiel Muigai; Applicant: Abdae Sedah; Applicant: John Nguyo; Applicant: Geoffrey Nyaga; Applicant: Kennedy Mwathi; Applicant: Naphataly Odhoch; Applicant: Shabani Barasa; Applicant: Lydia Inoti; Applicant: Paul Murage; Applicant: Mohamed Galgalo; Applicant: John Rotich; Applicant: Simon Cheptop; Applicant: Abdikadir Woche; Applicant: Noah Eledi; Applicant: Vincent Sakwa; Applicant: Godfrey Omusonga; Applicant: Peter Runanu; Applicant: Danson Ireri; Applicant: Julius Kimayu; Applicant: Henry Sese; Applicant: Wilson Lonyangole; Applicant: Ramadhan Munga; Applicant: Dominic Kyalo; Applicant: Richard Adera; Applicant: David Mutua; Applicant: Samuel Muchiri; Applicant: Samuel Odhiambo; Respondent: Ministry Of Environment And Forestry; Respondent: Kenya Meteorological Department; Respondent: Public Service Commission; Respondent: The National Treasury; Respondent: The Hon Attorney General
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E071 of 2021
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- judgment for the claimants
- Judges
- L Ndolo
- Legal Topics
- Employment Allowances, Subsistence Claims, Public Service Remuneration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Hayanga
Applicant
Benjamin Bahati
Applicant
Isra Daniel Wanjuhi
Applicant
Ali Ramtu Bakari
Applicant
Calstus Wachana
Applicant
David Mwaruma
Applicant
Robinson Asira
Applicant
Samuel Mutai
Applicant
James Gathura
Applicant
Francis Muinda
Applicant
Francis Nguata
Applicant
Paul Oloo
Applicant
Amos Waweru
Applicant
Dr Ndegwa William
Applicant
Dominic Mbindyo
Applicant
Simon Gichomo
Applicant
Dominic Arodi
Applicant
Abraham Changara
Applicant
Mary Githinji
Applicant
Ezekiel Muigai
Applicant
Abdae Sedah
Applicant
John Nguyo
Applicant
Geoffrey Nyaga
Applicant
Kennedy Mwathi
Applicant
Naphataly Odhoch
Applicant
Shabani Barasa
Applicant
Lydia Inoti
Applicant
Paul Murage
Applicant
Mohamed Galgalo
Applicant
John Rotich
Applicant
Simon Cheptop
Applicant
Abdikadir Woche
Applicant
Noah Eledi
Applicant
Vincent Sakwa
Applicant
Godfrey Omusonga
Applicant
Peter Runanu
Applicant
Danson Ireri
Applicant
Julius Kimayu
Applicant
Henry Sese
Applicant
Wilson Lonyangole
Applicant
Ramadhan Munga
Applicant
Dominic Kyalo
Applicant
Richard Adera
Applicant
David Mutua
Applicant
Samuel Muchiri
Applicant
Samuel Odhiambo
Applicant
Ministry Of Environment And Forestry
Respondent
Kenya Meteorological Department
Respondent
Public Service Commission
Respondent
The National Treasury
Respondent
The Hon Attorney General
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the claimants are entitled to payment of accrued and outstanding travel and subsistence allowances as employees of the Kenya Meteorological Department.
- 2 Whether the respondents' admission of liability and plea for time to pay affects the claimants' entitlement to the claimed sum.
- 3 Whether interest and costs should be awarded to the claimants.
Ratio Decidendi
The respondents, by their formal reply, admitted the claimants' entitlement to the claimed sum for accrued and outstanding travel and subsistence allowances. The court found no dispute as to liability or quantum, and the only explanation for non-payment was budgetary constraint, which does not extinguish the legal obligation. The court therefore entered judgment for the claimants in the sum of Kshs. 11,322,800, with interest at court rates from the date of judgment until payment in full, and awarded costs to the claimants.
Court Disposition
judgment for the claimants
Orders
- Judgment entered in favour of the claimants in the sum of Kshs. 11,322,800.
- The amount shall attract interest at court rates from the date of judgment until payment in full.
Full Case Text
Judgment text and source record
127 paragraphs
Hayanga & 45 others v Forestry & 4 others (Cause E071 of 2021) [2024] KEELRC 1320 (KLR) (30 May 2024) (Judgment)
Neutral citation: [2024] KEELRC 1320 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E071 of 2021
L Ndolo, J
May 30, 2024
Between
Samson Hayanga
1st Claimant
Benjamin Bahati
2nd Claimant
Isra Daniel Wanjuhi
3rd Claimant
Ali Ramtu Bakari
4th Claimant
Calstus Wachana
5th Claimant
David Mwaruma
6th Claimant
Robinson Asira
7th Claimant
Samuel Mutai
8th Claimant
James Gathura
9th Claimant
Francis Muinda
10th Claimant
Francis Nguata
11th Claimant
Paul Oloo
12th Claimant
Amos Waweru
13th Claimant
Dr Ndegwa William
14th Claimant
Dominic Mbindyo
15th Claimant
Simon Gichomo
16th Claimant
Dominic Arodi
17th Claimant
Abraham Changara
18th Claimant
Mary Githinji
19th Claimant
Ezekiel Muigai
20th Claimant
Abdae Sedah
21st Claimant
John Nguyo
22nd Claimant
Geoffrey Nyaga
23rd Claimant
Kennedy Mwathi
24th Claimant
Naphataly Odhoch
25th Claimant
Shabani Barasa
26th Claimant
Lydia Inoti
27th Claimant
Paul Murage
28th Claimant
Mohamed Galgalo
29th Claimant
John Rotich
30th Claimant
Simon Cheptop
31st Claimant
Abdikadir Woche
32nd Claimant
Noah Eledi
33rd Claimant
Vincent Sakwa
34th Claimant
Godfrey Omusonga
35th Claimant
Peter Runanu
36th Claimant
Danson Ireri
37th Claimant
Julius Kimayu
38th Claimant
Henry Sese
39th Claimant
Wilson Lonyangole
40th Claimant
Ramadhan Munga
41st Claimant
Dominic Kyalo
42nd Claimant
Richard Adera
43rd Claimant
David Mutua
44th Claimant
Samuel Muchiri
45th Claimant
Samuel Odhiambo
46th Claimant
and
Ministry Of Environment And Forestry
1st Respondent
Kenya Meteorological Department
2nd Respondent
Public Service Commission
3rd Respondent
The National Treasury
4th Respondent
The Hon Attorney General
5th Respondent
Judgment
Introduction 1. The Claimants are present and past employees of the Kenya Meteorological Department. Their claim before the Court is for accrued and outstanding travel and subsistence allowances totaling Kshs. 11,322,800. The Respondent filed a Reply dated 19th January 2022.
2. At the trial, the 1st Claimant, Samson Hayanga and the 11th Claimant, Francis Nguata testified on their own behalf and on behalf of their co-claimants. Caroline Njoki testified for the Respondents.
The Claimants’ Case 3. The Claimants state that in the course of their employment as County Directors of Meteorological Services, they were instructed by the 1st Respondent to perform official duties away from their duty stations, without compensation in respect of subsistence, accommodation and transport expenses.
4. The Claimants’ claim is for payment of subsistence and accommodation allowances plus transport expenses incurred over the period running from March 2016 to August 2017.
5. The Claimants state that on 15th May 2019, the 1st Respondent’s Director wrote to the 2nd Respondent asking for settlement of the outstanding dues, upon which the 2nd Respondent approved payment of Kshs. 11, 322,800 to the Claimants.
The Respondents’ Case 6. In their Reply dated 19th January 2022, the Respondents admit that the Claimants’ claims are payable. They state that the 1st Respondent has been unable to settle the claims due to budgetary constraints.
7. The Respondents further state that the Kenya Meteorological Department had, by letter dated 16th March 2021, requested the Principal Secretary, Ministry of Environment and Forestry to source for funds from the National Treasury, to facilitate settlement of the claims.
8. In his response dated 22nd March 2021, the Principal Secretary advised that the request for funds be factored in the budget for the 2021/2022 financial year.
9. In conclusion, the Respondents ask for time to settle the claims.
Determination 10. By their Reply, the Respondents admit the Claimants’ claim as pleaded in the Memorandum of Claim.
11. I therefore enter judgment in favour of the Claimants in the sum of Kshs.11,322,800.
12. This amount will attract interest at court rates from the date of judgment until payment in full.
13. The Claimants will have the costs of the case.
14. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY MAY 2024LINNET NDOLOJUDGEAppearance:Mr. Ombis for the ClaimantsMs. Aluoch for the Respondents