[2019] KEELRC 426 (KLR)
The court found that the discrepancy between the assessed damages for discrimination and the amount awarded in the operative order was a typographical error. The court exercised its power to correct the judgment to ensure the award accurately reflected the assessment made in the body of the judgment. The correction...
Source-derived case information.
- Citation
- [2019] KEELRC 426 (KLR)
- Parties
- Claimant: Jane Njoki Munyua; Respondent: Postal Corporation of Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1663 of 2017
- Procedural Posture
- Employment Cause / Correction of Judgment
- Outcome
- judgment corrected to reflect accurate damages for discrimination
- Judges
- MSA Makhandia
- Legal Topics
- Employment Discrimination, Damages Award, Judgment Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Njoki Munyua
Claimant
Postal Corporation of Kenya
Respondent
Procedural Posture
Employment Cause / Correction of Judgment
Legal Issues
- 1 Whether the discrepancy in the damages awarded for discrimination constitutes a typographical error requiring correction.
- 2 What is the correct amount to be awarded for discrimination in the judgment.
Ratio Decidendi
The court found that the discrepancy between the assessed damages for discrimination and the amount awarded in the operative order was a typographical error. The court exercised its power to correct the judgment to ensure the award accurately reflected the assessment made in the body of the judgment. The correction increased the award for discrimination from Kshs 500,000 to Kshs 1,000,000, thereby amending the total award to Kshs 1,501,915.
Court Disposition
judgment corrected to reflect accurate damages for discrimination
Orders
- Paragraph 62(d) of the judgment is corrected to award Kshs 1,000,000 for discrimination.
- The total award is amended to Kshs 1,501,915.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1663 OF 2017
JANE NJOKI MUNYUA...........................................CLAIMANT
VERSUS
POSTAL CORPORATION OF KENYA.............RESPONDENT
CORRECTION OF JUDGMENT
1. The Claimant through a letter dated 17 October 2019 addressed to the Deputy Registrar and copied to the Respondents advocate brought to the attention of the Court a discrepancy in paragraph 59 where the Court assessed damages for discrimination at Kshs 1,000,000/- and the order at paragraph 62(d) where the Court awarded Kshs 500,000/- for the discrimination.
2. The discrepancy was due to a typographical error and the Court corrects paragraph 62(d) to read Kshs 1,000,000/-.
3. The correction in effect amends the total award to read Kshs 1,501,915/-.
Amended and signed in Nairobi on this 1st day of November 2019.
Radido Stephen
Judge