[2017] KEELRC 634 (KLR)

[2017] KEELRC 634 (KLR)

The court found that the application for review lacked merit because the interest on the award of salary in lieu of notice continues to accrue and will be calculated in the final decree. The court further held that the claimants' revised computation, filed after the original award, was not properly before the court...

Source-derived case information.

Citation
[2017] KEELRC 634 (KLR)
Parties
Applicant: James Nyangiye and Others; Respondent: The Honourable Attorney General; Applicant: Peter Baiye Gichohi and Others
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 550 of 2013
Procedural Posture
Cause / Ruling on Application for Review
Outcome
application for review dismissed
Legal Topics
Salary in Lieu of Notice, Interest on Awards, Review of Court Orders
Source Language
en
Employment and Labour Salary in Lieu of Notice Interest on Awards Review of Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Nyangiye and Others

Applicant

The Honourable Attorney General

Respondent

Peter Baiye Gichohi and Others

Applicant

Procedural Posture

Cause / Ruling on Application for Review

Legal Issues

  1. 1 Whether the application for review of the court's award regarding salary in lieu of notice has merit.
  2. 2 Whether interest on the award of salary in lieu of notice should continue to accrue until the final decree.
  3. 3 Whether the revised computation filed by the claimants should be admitted to the record.

Ratio Decidendi

The court found that the application for review lacked merit because the interest on the award of salary in lieu of notice continues to accrue and will be calculated in the final decree. The court further held that the claimants' revised computation, filed after the original award, was not properly before the court and should be expunged from the record. The court's decision was based on the principle that interest on monetary awards runs until the final decree and that review applications must be grounded in substantive merit or error, neither of which was demonstrated by the claimants.

Court Disposition

application for review dismissed

Orders

  • The application for review is dismissed for lack of merit.
  • Interest on the award of salary in lieu of notice continues to accrue and will be reckoned in the final decree.