[2020] KEELRC 1109 (KLR)
The court found that the judgment dated 7th May, 2020 contained a clerical error in the final orders, specifically in the reference to which dues should accrue interest from 16th December, 2014. The error was in referencing item (d) instead of item (c). Pursuant to Rule 34 of the Employment and Labour Relations...
Source-derived case information.
- Citation
- [2020] KEELRC 1109 (KLR)
- Parties
- Claimant: Jared Otieno Opiata; Respondent: National Bank of Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1774 of 2015
- Procedural Posture
- Cause / Post Judgment Rectification of Clerical Error
- Outcome
- Judgment amended to correct clerical error regarding interest on dues; costs and interest clarified.
- Judges
- M Mbarũ
- Legal Topics
- Rectification of Judgment, Clerical Error, Interest on Awards, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Otieno Opiata
Claimant
National Bank of Kenya Limited
Respondent
Procedural Posture
Cause / Post Judgment Rectification of Clerical Error
Legal Issues
- 1 Whether the judgment dated 7th May, 2020 contains a clerical error requiring rectification.
- 2 Whether the interest on dues should be applied to item (c) instead of item (d) in the final orders.
- 3 Whether the costs and interest awarded were properly described in the original judgment.
Ratio Decidendi
The court found that the judgment dated 7th May, 2020 contained a clerical error in the final orders, specifically in the reference to which dues should accrue interest from 16th December, 2014. The error was in referencing item (d) instead of item (c). Pursuant to Rule 34 of the Employment and Labour Relations Court (Procedure) Rules, 2016, the court has the authority to correct such errors. The court exercised this power to amend the judgment so that interest is payable on the correct item, ensuring the judgment accurately reflects the court's intention and the claimant's entitlement. The court also reaffirmed the discretionary nature of awarding costs to the successful party.
Court Disposition
Judgment amended to correct clerical error regarding interest on dues; costs and interest clarified.
Orders
- The judgment of the court dated 7th May, 2020 is amended as specified.
- The final order on interest is corrected to apply to dues in item (c) from 16th December, 2014 until paid in full at court rates.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA
AT NAIROBI
CAUSE NO.1774 OF 2015
JARED OTIENO OPIATA.........................................................................CLAIMANT
VERSUS
NATIONAL BANK OF KENYA LIMITED.........................................RESPONDENT
ORDERS/DIRECTIONS
Upon notice and request by the claimant dated 11th My, 2020 following judgement dated 7th May, 2010 pursuant to the provisions of Rule 34 of the Employment and Labour Relation Court (Procedure) Rules, 2016 providing that;
34. The Court shall, either at the request of the parties or on its own motion, cause any clerical mistake, incidental error or omission to be rectified and shall notify the parties of such rectification.
And the court NOTING the error in the final orders issued directs and orders as follows;
1. The judgement of the court dated 7th May, 2020 is hereby amended in the following terms;
2. The last paragraph of the judgement reads as follows;With regard to costs, section 12(4) of the Employment and Labour Relations Court Act, 2011 makes it discretionary to award costs where it is just. The claimant having succeeded in the substantive claims made, justice demands that costs be awarded. The awards made for notice pay shall be paid with interests from the date due, 16thDecember, 2014 until paid in full as such ought to have been paid instantly.
3. Taking the above findings in context the final orders chronologised from (a) to
(f) and order (e) should read as follows;
Dues (c) above shall be paid with interest from 16thDecember, 2014 and until paid in full at court rates;
Instead of;
dues (d) above shall be paid with interest from 16th December, 2014 and until paid in full at court rates;
4. The judgement of the court is hereby amended in the terms above.
5. The Deputy Registrar shall extract as above stated and serve the parties with a correction of the judgement dated 7th May, 2020.
Dated this 14 May, 2020.
M. MBARU
JUDGE