[2020] KEELRC 1809 (KLR)
The court held that it had already determined the applicable hourly overtime rate as Kshs. 152 per hour in its earlier judgment, and that this determination was neither appealed nor reviewed. Therefore, the respondent's attempt to introduce a lower rate at the computation stage was misconceived and without basis....
Source-derived case information.
- Citation
- [2020] KEELRC 1809 (KLR)
- Parties
- Claimant: Jessica Mutenyo Lubwa; Respondent: David Simiyu Muchele t/a Satelite Hotel Webuye
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Cause 29 of 2017
- Procedural Posture
- Employment Cause / Post Judgment Computation Ruling
- Outcome
- Claimant's computation of unpaid overtime adopted; respondent's computation rejected.
- Judges
- MN Nduma
- Legal Topics
- Overtime Pay, Wage Computation, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jessica Mutenyo Lubwa
Claimant
David Simiyu Muchele t/a Satelite Hotel Webuye
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation Ruling
Legal Issues
- 1 Whether the correct hourly rate for overtime pay is Kshs. 152 or Kshs. 66 as proposed by the respondent.
- 2 Whether the claimant's computation of unpaid overtime for three years should be adopted by the court.
Ratio Decidendi
The court held that it had already determined the applicable hourly overtime rate as Kshs. 152 per hour in its earlier judgment, and that this determination was neither appealed nor reviewed. Therefore, the respondent's attempt to introduce a lower rate at the computation stage was misconceived and without basis. The court adopted the claimant's computation of Kshs. 332,880 as the correct amount for unpaid overtime for three years, as it was consistent with the binding judgment.
Court Disposition
Claimant's computation of unpaid overtime adopted; respondent's computation rejected.
Orders
- The computation by the claimant in the sum of Kshs. 332,880 in respect of unpaid overtime for three years is adopted and awarded to the claimant.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT BUNGOMA
CAUSE NO. 29 OF 2017
[Formerly Kisumu E&LRC NO. 244’A’ of 2017]
JESSICA MUTENYO LUBWA.......................................................................CLAIMANT
VERSUS
DAVID SIMIYU MUCHELE T/A SATELITE HOTEL WEBUYE........RESPONDENT
RULING
1. Judgment was delivered on 30th May 2019 in which the court directed the claimant to compute the award of the unpaid overtime for three years. The respondent was to be served and make any responses in respect thereof.
2. The claimant filed the computation on 26th June 2019 in the sum of Kshs. 332,880.
3. The respondent filed a counter computation on 17th September 2019 in the sum of Kshs. 144,540.
4. The respondent challenged the multiplier of Kshs. 152 per extra hour worked by the claimant and instead proposed a multiplier of Kshs. 66 per extra hour worked by the claimant.
5. This explains the difference in the two computations filed.
6. In the finding of the court delivered on 30th May 2017, the court had already made a determination on the hourly rate of overtime to be Kshs. 152 per hour. The decision was not appealed nor an application for review made on that determination. The respondent’s computation based on a lesser figure of Kshs. 66 per hour is therefore misconceived.
7. The court adopts the computation by the claimant in the sum of Kshs. 332,880 in respect of unpaid overtime to the claimant for three years. It is so ordered.
Ruling Dated, Signed and delivered this 29th day of January , 2020
Mathews N. Nduma
Judge
BUNGOMA
Appearances
Mr. Maloba for Claimant.
Mr. Milino for Respondent.
Chrispo – Court clerk.