[2022] KEELRC 1585 (KLR)
The court found that the claimants complied with the court's directive by filing their computation of the decretal sum, while the respondent failed to do so despite being given several opportunities. In the absence of any competing computation or objection from the respondent, the court adopted the claimants'...
Source-derived case information.
- Citation
- [2022] KEELRC 1585 (KLR)
- Parties
- Applicant: Daniel Ndaiga Kamanja; Applicant: Jackson Kutswa Shiraku; Applicant: Georffrey Kiragu Kariuki; Respondent: Board of Management, Highway Secondary School
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 192 of 2018
- Procedural Posture
- Cause / Post Judgment Computation and Adoption of Decretal Sum
- Outcome
- Judgment entered in favour of the claimants for the sum of Kshs 9,253,665 as computed by the claimants.
- Judges
- MN Nduma
- Legal Topics
- Decretal Sum Computation, Judgment Enforcement, Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Ndaiga Kamanja
Applicant
Jackson Kutswa Shiraku
Applicant
Georffrey Kiragu Kariuki
Applicant
Board of Management, Highway Secondary School
Respondent
Procedural Posture
Cause / Post Judgment Computation and Adoption of Decretal Sum
Legal Issues
- 1 Whether the computation of the decretal sum filed by the claimants should be adopted as part of the judgment.
- 2 Whether the respondent's failure to file its computation affects the finalization of the judgment sum.
Ratio Decidendi
The court found that the claimants complied with the court's directive by filing their computation of the decretal sum, while the respondent failed to do so despite being given several opportunities. In the absence of any competing computation or objection from the respondent, the court adopted the claimants' computation dated 21st June, 2021 as part of the judgment delivered on 9th April, 2020. The court further held that the computation forms an annex to the original judgment, and entered judgment in favour of the claimants for the sum of Kshs 9,253,665. The court also noted that the ruling was delivered online in accordance with COVID-19 measures and relevant constitutional and...
Court Disposition
Judgment entered in favour of the claimants for the sum of Kshs 9,253,665 as computed by the claimants.
Orders
- The computation dated 21st June, 2021 is adopted as part of the judgment delivered on 9th April, 2020.
- Judgment is entered in favour of the claimants against the respondent for a total sum of Kshs 9,253,665.
Full Case Text
Judgment text and source record
24 paragraphs
Kamanja & 2 others v Board of Management, Highway Secondary School (Cause 192 of 2018) [2022] KEELRC 1585 (KLR) (26 May 2022) (Ruling)
Neutral citation: [2022] KEELRC 1585 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 192 of 2018
MN Nduma, J
May 26, 2022
Between
Daniel Ndaiga Kamanja
1st Claimant
Jackson Kutswa Shiraku
2nd Claimant
Georffrey Kiragu Kariuki
3rd Claimant
and
Board of Management, Highway Secondary School
Respondent
Ruling
1. The Court mandated the parties to file computation of the decretal sum pursuant to the judgment of Hon. Byram Ongaya delivered on 9th April, 2020.
2. The claimants have filed their computation dated 21st June, 2021 whereas the respondents have failed to file their computation despite opportunity given to them by the Court to do so on several occasions.
3. The Court adopts the computation dated 21st June, 2021 as part of the judgment delivered by Hon. Ongaya J. dated 9th April, 2020.
4. Accordingly, Judgment is entered in favour of the claimants against the respondents for a total sum of Kshs 9,253,665 as set out in the said computation. The computation dated 21st June, 2021 is deemed an annex to the said judgment dated 9th April, 2020.
5. It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF MAY, 2022. MATHEWS N. NDUMAJUDGEORDERIn view of the declaration of measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court,inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.MATHEWS N. NDUMAJUDGEAppearances:-Mr. Were for ClaimantM/s Chesiyna for RespondentEkale – court Assistant