[2023] KEELRC 1553 (KLR)
The court determined that the claimants were entitled to salary arrears, leave earned and not taken, gratuity for the period not paid, and one month’s salary in lieu of notice, as previously established in the main judgment. The quantum for each head of claim was computed based on the claimants’ submissions, which...
Source-derived case information.
- Citation
- [2023] KEELRC 1553 (KLR)
- Parties
- Applicant: Nelly Itumbi Mutisya; Respondent: Machakos County Assembly Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Cause 4 of 2018
- Procedural Posture
- Quantum Judgment / Assessment of Quantum Following Judgment
- Outcome
- Quantum judgment entered for the claimants as per tabulated amounts; costs and interest awarded.
- Judges
- MA Onyango
- Legal Topics
- Terminal Benefits, Salary Arrears, Gratuity Entitlement, Leave Pay, Notice Pay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelly Itumbi Mutisya
Applicant
Machakos County Assembly Service Board
Respondent
Procedural Posture
Quantum Judgment / Assessment of Quantum Following Judgment
Legal Issues
- 1 Whether the claimants are entitled to salary arrears for the period worked.
- 2 Whether the claimants are entitled to gratuity for the months not paid by the respondent.
- 3 Whether the claimants are entitled to pay in lieu of leave as per their letters of appointment.
Ratio Decidendi
The court determined that the claimants were entitled to salary arrears, leave earned and not taken, gratuity for the period not paid, and one month’s salary in lieu of notice, as previously established in the main judgment. The quantum for each head of claim was computed based on the claimants’ submissions, which were unopposed due to the respondent’s failure to file submissions. The court awarded specific amounts to each claimant or cluster of claimants as tabulated, with costs and interest as previously ordered. The computation was strictly in line with the court’s earlier findings and the Employment Act, ensuring that only the periods and heads of claim expressly allowed in the...
Court Disposition
Quantum judgment entered for the claimants as per tabulated amounts; costs and interest awarded.
Orders
- Each claimant in Cluster A is awarded Kshs 195,500.
- Each claimant in Cluster B is awarded Kshs 287,500.
Full Case Text
Judgment text and source record
40 paragraphs
Mutisya v Machakos County Assembly Service Board (Cause 4 of 2018) [2023] KEELRC 1553 (KLR) (21 June 2023) (Quantum Judgment)
Neutral citation: [2023] KEELRC 1553 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Machakos
Cause 4 of 2018
MA Onyango, J
June 21, 2023
Between
Nelly Itumbi Mutisya
Claimant
and
Machakos County Assembly Service Board
Respondent
Quantum Judgment
1. The judgment in this suit was delivered on October 14, 2022. In the judgment the court pronounced itself as follows:"117. From the foregoing, I make the claimants the following orders:i.….ii.….iii.Gratuity is only payable for the months which were not paid for by the respondent, the claimants are awarded gratuity for the rest of the period. The claimants are therefore awarded gratuity for the months of November and December 2017 and January and February 2018. vi.….v.The Claimants are awarded pay in lieu of leave as provided in the letters of appointment.vi.….vii.….viii.I award the claimants one month’s salary in lieu of notice in line with the provisions of sections 49 of the Employment Act as read with section 35 and 36 of the Act.ix.In summary, the claimants are awarded salary arrears, leave earned and not taken, gratuity for the period that was not paid and one month’s salary in lieu of notice.x.The respondent will pay the claimants costs taking into account the fact that the suits were resolved through a test suit.118. Parties are directed to compute the decretal sum in line with this judgment for purposes of final judgment.”
2. The claimants’ submissions on assessment of quantum based on court’s judgment was filed on November 4, 2022. From the court record it is apparent that the respondent did not file its submissions on the assessment of quantum as directed.
3. I have considered the quantum filed on behalf of the claimants together with the submissions in support thereof dated October 14, 2022. Below is the final judgment of the court:Claimants in cause numbers Salary arrears Leave earned and not taken Gratuity Salary in lieu of notice Total
Cluster A Kshs Kshs Kshs Kshs Kshs
Comprised of Machakos ELRC No 3, 4, 8, 10, 14, 23, 24, 25, 27, 32, 35, 36, 37, 46, 47, 48, 49, 66, 67, 76, 77, 82, 83, 84, 85, 93, 94, 95, 96, 104, 107, 108 all of 2018 and ELRC No 9 and 10 of 2020 102,000 68,000 8, 500 17, 000 195, 500
Cluster B Kshs Kshs Kshs Kshs Kshs
Comprised of Machakos ELRC No 9, 11, 12, 13, 15, 16, 17, 18, 19, 20, 28, 29, 30, 21, 33, 45, 56, 57, 58, 61, 63, 68, 69, 80, 86, 87, 88, 90, 91, 105 of 2018 and ELRC No 6 of 2020 150, 000 100, 000 12, 500 25, 000 287, 500
Cluster C Kshs Kshs Kshs Kshs Kshs
Comprised of Machakos ELRC No 6, 21, 22, 34, 38, 39, 40, 41, 42, 43, 44, 50, 51, 52, 53, 54, 55, 64, 65, 70, 70, 71, 73, 74, 75, 78, 97, 98, 99, 100, 101, 102 of 2018 and ELRC No 8 and 11 of 2020 78, 000 52, 000 6, 500 13, 000 149, 500
Cluster D Kshs Kshs Kshs Kshs Kshs
Comprised of Machakos No 7, 26, 72, 79, 81, 89, 92 and 106 of 2018 and ELRC No 7 of 2020 Mary Mutini Mutua 102, 000 51, 000 8, 500 17, 000 178, 500
Muthusi Ndolo 102, 000 34, 000 8, 500 17, 000 161, 500
Mary Nthakye Matata 78, 000 13, 000 6, 500 13, 000 110, 500
John Masika Mbondo 102, 000 34, 000 8, 500 17, 000 178, 550
Phidelis Ndunge Samuel 102, 000 34, 000 8, 500 17, 000 161, 500
David Mutua Mukiti Nil 13, 000 Nil Nil 13, 000
Denis Mutie Ndolo Nil 50, 000 Nil Nil 50, 000
David Mulia Munywoko Nil 50, 000 Nil Nil 50, 000
Mary Nzula Mutua 150, 000 50, 000 12, 500 25, 000 237, 500
4. Each of the claimants in cluster A is awarded Kshs 195, 500
5. Each of the claimants in cluster B is awarded Kshs 287, 500
6. Each of the claimants in cluster C is awarded Kshs 149, 500
7. Each of the claimants in cluster D is awarded the amount against the name as tabulated in the table.
8. Costs are as awarded in the judgment.
9. Interest shall accrue from date of judgment.
DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 21STDAY OF JUNE, 2023. MAUREEN ONYANGOJUDGE