[2025] KEELRC 984 (KLR)
The court found that the claimant was contractually entitled to gratuity at the rate of 31% of his total salary over the period of service. However, since the claimant had already received approximately Kshs. 1 million in part-settlement, he could not claim the full amount of Kshs. 1,429,447. The court held that...
Source-derived case information.
- Citation
- [2025] KEELRC 984 (KLR)
- Parties
- Applicant: Anthony Kariuki Kamwaro; Respondent: Narok County Government; Respondent: Narok County Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause E011 of 2024
- Procedural Posture
- Employment Claim / Judgment
- Outcome
- partly allowed
- Judges
- J Rika
- Legal Topics
- Gratuity Entitlement, Employment Termination, Contractual Benefits, Non Payment of Dues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Kariuki Kamwaro
Applicant
Narok County Government
Respondent
Narok County Public Service Board
Respondent
Procedural Posture
Employment Claim / Judgment
Legal Issues
- 1 Whether the claimant is entitled to gratuity upon termination of employment.
- 2 Whether the amount already received by the claimant should be deducted from the total gratuity claim.
- 3 Whether the claimant was candid in disclosing the amount received in part-settlement.
Ratio Decidendi
The court found that the claimant was contractually entitled to gratuity at the rate of 31% of his total salary over the period of service. However, since the claimant had already received approximately Kshs. 1 million in part-settlement, he could not claim the full amount of Kshs. 1,429,447. The court held that only the balance, if any, up to a maximum of Kshs. 429,447, was payable. The claimant's lack of candour regarding the exact amount received was noted, but the court limited the award to prevent double recovery. No order was made as to costs, and interest was awarded at court rates from the date of judgment until payment in full.
Court Disposition
partly allowed
Orders
- The respondents shall pay to the claimant the balance of his gratuity entitlement if any, and in any event no more than Kshs. 429,447.
- No order on the costs.
Full Case Text
Judgment text and source record
30 paragraphs
Kamwaro v Narok County Government & another (Cause E011 of 2024) [2025] KEELRC 984 (KLR) (28 March 2025) (Judgment)
Neutral citation: [2025] KEELRC 984 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nakuru
Cause E011 of 2024
J Rika, J
March 28, 2025
Between
Anthony Kariuki Kamwaro
Claimant
and
Narok County Government
1st Respondent
Narok County Public Service Board
2nd Respondent
Judgment
1. The Claimant filed his Statement of Claim on 26th February 2024.
2. He avers that he worked for the Respondents, as a Director Communication Services and Protocol.
3. He worked from December 2017, to December 2020, when his contract was terminated on mutual terms.
4. His claim is that he was entitled to gratuity upon termination, which was never paid.
5. His monthly salary was Kshs. 139,770. The contract granted him gratuity, computed at 31% of the total salary earned over the period of service. In total, gratuity is claimed at Kshs. 1,429,447.
6. He prays for costs and interest, and rather incoherently, that ‘’ gratuity amounts are paid in observance of the rules of taxation…’’
7. The Respondents did not enter appearance or file a Statement of Response.
8. On 29th October 2024, the Claimant informed the Court that he had received about Kshs. 1 million in part-settlement.
9. He gave evidence on formal proof, on 19th November 2024. He restated the contents of his Statements of Claim and Witness. He did not clarify to the Court how much money he had received from the Respondents in settlement, as of the date he gave evidence.
10. The Claim was last mentioned on 23rd January 2025, when the Claimant confirmed filing and service of his Submissions.
11. And although he informed the Court, on 29th October 2024, that he had received about Kshs. 1 million from the Respondents, in his Submissions filed in January 2025, he retains the prayer for the full gratuity claim, at Kshs. 1,429,447.
12. He cannot be owed this amount, if he has already received Kshs. 1 million. He ought to have been candid with the Court in his evidence, and give clear figures, on the amount received and outstanding.
It is ordered: -a.The Respondents shall pay to the Claimant the balance of his gratuity entitlement if any, and in any event no more than Kshs. 429,447. b.No order on the costs.c.Interest shall accrue at court rate, from the date of Judgment, till payment is made in full.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, THIS 28TH DAY OF MARCH 2025. JAMES RIKAJUDGE