[2021] KEELRC 831 (KLR)
The court determined that although the matter was resolved by consent, the claimant was compelled to litigate for four years before the respondents conceded to her claims for accrued employment benefits. Given the delay and the impact of inflation and cost price changes during the period, it was just and equitable...
Source-derived case information.
- Citation
- [2021] KEELRC 831 (KLR)
- Parties
- Claimant: Jenipher Anyango Agunga; Respondent: South Nyanza Teachers Co-operative Savings and Credit Society Ltd; Respondent: Chairman, Sonyaco; Respondent: Board Members, Sonyaco
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 185 of 2016
- Procedural Posture
- Cause / Ruling on Costs After Consent Judgment
- Outcome
- Costs awarded to the claimant.
- Legal Topics
- Costs Award, Consent Judgment, Special Damages, Employment Benefits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jenipher Anyango Agunga
Claimant
South Nyanza Teachers Co-operative Savings and Credit Society Ltd
Respondent
Chairman, Sonyaco
Respondent
Board Members, Sonyaco
Respondent
Procedural Posture
Cause / Ruling on Costs After Consent Judgment
Legal Issues
- 1 Whether the claimant is entitled to costs following the consent judgment.
- 2 What is the just order as to costs in light of the parties' conduct and the nature of the claim.
Ratio Decidendi
The court determined that although the matter was resolved by consent, the claimant was compelled to litigate for four years before the respondents conceded to her claims for accrued employment benefits. Given the delay and the impact of inflation and cost price changes during the period, it was just and equitable to award the claimant costs. The court exercised its discretion under section 12(4) of the Employment and Labour Relations Court Act to order that the claimant be awarded costs, with the parties to agree on the amount within 30 days, failing which the costs would be taxed.
Court Disposition
Costs awarded to the claimant.
Orders
- The claimant is awarded costs of the cause.
- If parties do not agree on the amount of costs within 30 days, the costs shall be subjected to taxation.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 185 OF 2016
JENIPHER ANYANGO AGUNGA CLAIMANT
v
SOUTH NYANZA TEACHERS CO-OPERATIVE
SAVINGS AND CREDIT SOCIETY LTD 1st RESPONDENT
CHAIRMAN, SONYACO 2nd RESPONDENT
BOARD MEMBERS, SONYACO 3rd RESPONDENT
RULING
1. On 20 April 2021, the parties herein entered into a consent (was adopted by the Court) resolving the Cause save for the question of costs which was reserved for the Court’s determination upon submissions.
2. The Claimant filed her submissions on the question of costs on 26 April 2021, while the Respondents filed their submissions on 8 July 2021 (should have been filed by 27 June 2021).
3. Under the Civil Procedure Act, costs follow the event.
4. However, under section 12(4) of the Employment and Labour Relations Act, the Court is enjoined subject to the Rules to make such orders as to costs as the Court considers just.
5. The Claimant herein was seeking monies that had accrued to her in the course of employment, including arrears of salaries, co-operative shares, refund of deductions and ex-gratia payment.
6. The heads of claim were in the nature of special damages and had accrued by 2016, when the Claimant moved the Court.
7. The Respondents only conceded to the claim some 4 years after the commencement of the litigation.
8. Within that time, inflation and the cost price index has changed.
9. In the circumstances, it is the Court's view that it would be just to award the Claimant costs, which, if not agreed mutually by the parties within 30 days, should be subjected to taxation.
10. Costs in the Cause.
DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 6TH DAY OF OCTOBER 2021.
RADIDO STEPHEN, MCIARB
JUDGE
Appearances
For Claimant Olel, Onyango, Ingutiah Advocates LLP
For Respondent Otieno, Yogo, Ojuro & Co. Advocates
Court Assistant Chrispo Aura