[2024] KEELRC 148 (KLR)
The court found that the claimant was entitled to the balance of the 5% acting allowance for the period December 2015 to December 2020, as previously determined in the judgment of 23rd November 2023. The claimant submitted a tabulation of Kshs. 526,561.55, and the respondent did not dispute or challenge this...
Source-derived case information.
- Citation
- [2024] KEELRC 148 (KLR)
- Parties
- Applicant: Vincent Chibini Malaya; Respondent: Masinde Muliro University of Science and Technology
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Petition 5 of 2023
- Procedural Posture
- Constitutional Petition / Post Judgment Quantification of Award
- Outcome
- judgment for the applicant; matter marked as closed
- Judges
- JW Keli
- Legal Topics
- Acting Allowance, Remuneration Entitlements, Constitutional Rights in Employment, Public Service Employment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Chibini Malaya
Applicant
Masinde Muliro University of Science and Technology
Respondent
Procedural Posture
Constitutional Petition / Post Judgment Quantification of Award
Legal Issues
- 1 Whether the claimant is entitled to the balance of 5% acting allowance for the period December 2015 to December 2020.
- 2 Whether the tabulation of Kshs. 526,561.55 as the balance of acting allowance is undisputed and payable.
Ratio Decidendi
The court found that the claimant was entitled to the balance of the 5% acting allowance for the period December 2015 to December 2020, as previously determined in the judgment of 23rd November 2023. The claimant submitted a tabulation of Kshs. 526,561.55, and the respondent did not dispute or challenge this computation. In the absence of any objection or alternative tabulation from the respondent, the court accepted the claimant's computation as accurate and entered judgment for the stated amount. The matter was thereby finalized and marked as closed.
Court Disposition
judgment for the applicant; matter marked as closed
Orders
- The claimant is awarded the balance of the 5% acting allowance from December 2015 to December 2020 for the total sum of Kshs. 526,561.55.
- The matter is marked as closed.
Full Case Text
Judgment text and source record
23 paragraphs
Malaya v Masinde Muliro University of Science and Technology (Petition 5 of 2023) [2024] KEELRC 148 (KLR) (6 February 2024) (Judgment)
Neutral citation: [2024] KEELRC 148 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kakamega
Petition 5 of 2023
JW Keli, J
February 6, 2024
IN THE MATTER OF THE ALLEGED CONTRAVENTION OF ARTICLES 2,3(1), 10, 19, 20, 21(1), 22,23,25(B), 27, 28, 30(1), 41(1) & (2) (A) 47 OF THE CONSTITUTION OF KENYA, 2010 AND IN THE MATTER OF THE EMPLOYMENT ACT, 2007 AND THE PUBLIC SERVICE COMMISSION ACT, 2017 BETWEEN VINCENT CHIBINI MALAYA …………………..……….…….CLAIMANT VERSUS MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY……………………………RESPONDENT
Between
Vincent Chibini Malaya
Claimant
and
Masinde Muliro University of Science and Technology
Respondent
Judgment
1. The Court on the 23rd November 2023 delivered judgment in the suit and reserved for tabulation by the parties the issue of payable acting allowance as follows:-157. (C)I award the balance of 5% acting allowance from December 2015 to December 2020. The parties are to file in Court concurrently the tabulation of 5% basic salary of the University Librarian position over that period within 21 days to record the payable amount in Court at the next mention date of 23rd January 2024.
2. The Claimant filed his tabulation for the total sum of Kshs. 526,561. 55 on the 31st January 2024. The Respondent did not file.
3. When the parties appeared before me through their advocates on the 6th February 2024 the Respondent stated they did not dispute the tabulation by the Claimant.
4. Consequently the court enters judgment pursuant paragraph 157(c) of its judgment dated 23rd November 2023 as follows:-
5. The Claimant is awarded the balance of the 5% acting allowance from December 2015 to December 2020 for the total sum of Kshs. 526,561. 55.
6. The matter is marked as closed.
7. It is so Ordered.
DATED, SIGNED, AND DELIVERED ON THE 6TH OF FEBRUARY 2024 IN OPEN COURT AT KAKAMEGAJEMIMAH KELIJUDGEIn the presence ofC/A Lucy MachesoFor Claimant- Mutisya h/b Kanjama SC.For Respondent: Amaasa h/b Achola