[2020] KEELRC 1540 (KLR)
The court found that the respondent failed to comply with its directive to compute the award within 30 days of judgment. In accordance with the judgment, the claimant was entitled to file the computation, which the court reviewed and found consistent with the judgment and statutory entitlements. The court therefore...
Source-derived case information.
- Citation
- [2020] KEELRC 1540 (KLR)
- Parties
- Claimant: Job Mukhebi Mutoro; Respondent: Kitale Vocational Training Centre
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 289 of 2016
- Procedural Posture
- Employment Cause / Post Judgment Computation and Incorporation of Award
- Outcome
- Claimant's computation of award adopted and incorporated as part of the judgment.
- Judges
- MN Nduma
- Legal Topics
- Unlawful Termination, Salary Compensation, Leave Entitlement, Underpayment of Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Mukhebi Mutoro
Claimant
Kitale Vocational Training Centre
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation and Incorporation of Award
Legal Issues
- 1 Whether the respondent complied with the court's directive to compute the award within the stipulated period.
- 2 Whether the claimant's computation of the award should be adopted by the court as part of the judgment.
Ratio Decidendi
The court found that the respondent failed to comply with its directive to compute the award within 30 days of judgment. In accordance with the judgment, the claimant was entitled to file the computation, which the court reviewed and found consistent with the judgment and statutory entitlements. The court therefore incorporated the claimant's computation as part of its judgment, awarding the claimant compensation for unlawful termination, leave not taken, and underpayments, totaling Kshs. 856,046.
Court Disposition
Claimant's computation of award adopted and incorporated as part of the judgment.
Orders
- The claimant's computation of the award is incorporated as part of the judgment.
- The respondent shall pay the claimant a total sum of Kshs. 856,046 as per the computation.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 289 OF 2016
(Before Hon. Justice Mathews N. Nduma)
JOB MUKHEBI MUTORO.....................................................................CLAIMANT
VERSUS
KITALE VOCATIONAL TRAINING CENTRE..............................RESPONDENT
RULING
1. Judgment was delivered in this matter on 9th July 2019. In the said judgment, the court directed the respondent to compute the award in 30 days failing which the claimant to compute the award within 45 days.
2. The respondent did not compute the award and the claimant filed the computation of the award on 10th September 2019.
3. Accordingly the court incorporates the computation as part of the judgment of the court as follows:
(a) Equivalent of five (5) month salary in compensation for the unlawful termination Kshs. (22,027x5) = 110,136.
(b) Three month salary in lieu of leave days not taken for three years Kshs. 66,081.
(c) Underpayments as per the filed computation Kshs. 675,829.
Total award in terms of the judgment dated 9th July 2019 Kshs. 856,046.
Ruling Dated, Signed and delivered this 27th day of February, 2020.
Mathews N. Nduma
Judge
Appearances
Claimant in person
Mr. Okile for Respondent
Chrispo – Court Clerk