[2015] KEELRC 1199 (KLR)

[2015] KEELRC 1199 (KLR)

The court found that the sum for housing allowance in the original judgment was incorrectly stated as Kshs. 112,211 instead of the correct sum of Kshs. 60,000, calculated as Kshs. 2,500 per month for 24 months. The error was attributed to the court itself, and under Rule 33 of the Industrial Court (Procedure) Rules...

Source-derived case information.

Citation
[2015] KEELRC 1199 (KLR)
Parties
Applicant: KUDHEIHA Workers Union; Respondent: Gerald Mwangi
Court
Employment and Labour Relations Court
Court Station
Employment and Labour Relations Court at Nairobi
Jurisdiction
Kenya
Case Number
Cause 1254 of 2010
Procedural Posture
Correction of Judgment / Post Judgment Correction
Outcome
Judgment sum for housing allowance corrected from Kshs. 112,211 to Kshs. 60,000.
Judges
AN Makau
Legal Topics
Judgment Correction, Housing Allowance, Court Errata
Source Language
en
Employment and Labour Judgment Correction Housing Allowance Court Errata

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Parties

KUDHEIHA Workers Union

Applicant

Gerald Mwangi

Respondent

Procedural Posture

Correction of Judgment / Post Judgment Correction

Legal Issues

  1. 1 Whether the judgment sum for housing allowance was correctly stated in the original judgment.
  2. 2 Whether the court should correct the sum from Kshs. 112,211 to Kshs. 60,000 as per the decision.

Ratio Decidendi

The court found that the sum for housing allowance in the original judgment was incorrectly stated as Kshs. 112,211 instead of the correct sum of Kshs. 60,000, calculated as Kshs. 2,500 per month for 24 months. The error was attributed to the court itself, and under Rule 33 of the Industrial Court (Procedure) Rules 2010, the court has the authority to correct such mistakes. The judgment was accordingly corrected to reflect the accurate sum, with no order as to costs for the correction since the mistake was that of the court.

Court Disposition

Judgment sum for housing allowance corrected from Kshs. 112,211 to Kshs. 60,000.

Orders

  • The sum for housing allowance is corrected to read Kshs. 60,000 in place of Kshs. 112,211.
  • No order as to costs for the correction.