[2024] KEELRC 2678 (KLR)

[2024] KEELRC 2678 (KLR)

The court found that the respondent had paid Kshs. 373,662 out of the total decretal sum of Kshs. 711,440 as previously ordered, leaving a balance of Kshs. 337,778 as at 24th July 2024. The respondent is required to settle this balance together with court collection charges of Kshs. 3,500 within 14 days, failing...

Source-derived case information.

Citation
[2024] KEELRC 2678 (KLR)
Parties
Applicant: Kenya Union of Sugar Plantation & Allied Workers; Respondent: Kibos Sugar Allied Industries Limited
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Kisumu
Jurisdiction
Kenya
Case Number
Cause 23 of 2020
Procedural Posture
Employment Cause / Ruling on Computation and Settlement of Decretal Sum
Outcome
Application for reinstatement not necessary; respondent ordered to pay outstanding balance and collection charges within 14 days or claimant may execute decree.
Judges
Nzioki wa Makau
Legal Topics
Wage Computation, Decretal Sum Enforcement
Source Language
en
Employment and Labour Wage Computation Decretal Sum Enforcement

Source-derived case record

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Parties

Kenya Union of Sugar Plantation & Allied Workers

Applicant

Kibos Sugar Allied Industries Limited

Respondent

Procedural Posture

Employment Cause / Ruling on Computation and Settlement of Decretal Sum

Legal Issues

  1. 1 Whether the respondent has settled the decretal sum as ordered by the court.
  2. 2 Whether the claimant is entitled to execute the decree for the outstanding balance.

Ratio Decidendi

The court found that the respondent had paid Kshs. 373,662 out of the total decretal sum of Kshs. 711,440 as previously ordered, leaving a balance of Kshs. 337,778 as at 24th July 2024. The respondent is required to settle this balance together with court collection charges of Kshs. 3,500 within 14 days, failing which the claimant is at liberty to commence execution of the court decree without further recourse to the court. The application for reinstatement was found unnecessary in light of the clear computation and enforceability of the outstanding sum.

Court Disposition

Application for reinstatement not necessary; respondent ordered to pay outstanding balance and collection charges within 14 days or claimant may execute decree.

Orders

  • Respondent to pay Kshs. 337,778 being the outstanding balance of the decretal sum within 14 days.
  • Respondent to pay court collection charges of Kshs. 3,500 within 14 days.