[2015] KEELRC 1226 (KLR)
The court found that the claimant worked on 1st December 2012 and, as previously determined, was entitled to salary for days worked. The omission of the specific amount in the original judgment constituted an erratum, which the court had jurisdiction to correct under Rule 33 of the Industrial Court (Procedure) Rules...
Source-derived case information.
- Citation
- [2015] KEELRC 1226 (KLR)
- Parties
- Claimant: Marilyn Auma Ochada; Respondent: Nyanza Reproductive Health Society
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 738 of 2012
- Procedural Posture
- Employment Cause / Correction of Judgment
- Outcome
- judgment corrected to specify amount due for one day worked
- Judges
- AN Makau
- Legal Topics
- Salary Entitlement, Wages for Days Worked
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marilyn Auma Ochada
Claimant
Nyanza Reproductive Health Society
Respondent
Procedural Posture
Employment Cause / Correction of Judgment
Legal Issues
- 1 Whether the claimant is entitled to payment for one day worked on 1st December 2012.
Ratio Decidendi
The court found that the claimant worked on 1st December 2012 and, as previously determined, was entitled to salary for days worked. The omission of the specific amount in the original judgment constituted an erratum, which the court had jurisdiction to correct under Rule 33 of the Industrial Court (Procedure) Rules 2010. The court therefore specified the sum of Kshs. 2,310 as the amount due for one day worked, ensuring the judgment accurately reflected the claimant's entitlement.
Court Disposition
judgment corrected to specify amount due for one day worked
Orders
- The claimant is entitled to Kshs. 2,310 as pay for one day worked on 1st December 2012.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 738 OF 2012
MARILYN AUMA OCHADA…………………….……CLAIMANT
versus
NYANZA REPRODUCTIVE HEALTH SOCIETY………………………………………………RESPONDENT
CORRECTION OF JUDGMENT
Under Rule 33 Industrial Court (Procedure) Rules 2010
The Court granted salary for days worked and did not give a figure. Parties thus sought the correction of this errata. The Claimant worked on 1st December 2012 and this was the day for which payment would arise. She is entitled to Kshs. 2,310/- as pay for one day worked.
Orders accordingly.
Dated and delivered at Nairobi this 3rd day of February 2015
Nzioki wa Makau
JUDGE