[2024] KEELRC 2378 (KLR)
The court found that the claimants were entitled to unpaid basic salary for the period of interdiction, calculated from 20th July 2017 to 15th December 2017, based on their respective monthly salaries and the actual number of days interdicted. The court also confirmed the award of two months' gross salary as...
Source-derived case information.
- Citation
- [2024] KEELRC 2378 (KLR)
- Parties
- Applicant: Joseph Sudi Ndinyo; Applicant: Kazungu Mwango; Respondent: The Kenya Utalii College
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 2515 of 2017
- Procedural Posture
- Cause / Ruling on Computation of Award
- Outcome
- Claim allowed; computation of award for unpaid salary and compensation confirmed.
- Judges
- JK Gakeri
- Legal Topics
- Unpaid Salaries, Interdiction, Compensation for Unfair Dismissal, Costs of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Sudi Ndinyo
Applicant
Kazungu Mwango
Applicant
The Kenya Utalii College
Respondent
Procedural Posture
Cause / Ruling on Computation of Award
Legal Issues
- 1 Whether the claimants are entitled to unpaid basic salary during the period of interdiction.
- 2 How to compute the actual amounts payable to the claimants for the period of interdiction and compensation.
- 3 Whether the costs of the court should be awarded to the claimants.
Ratio Decidendi
The court found that the claimants were entitled to unpaid basic salary for the period of interdiction, calculated from 20th July 2017 to 15th December 2017, based on their respective monthly salaries and the actual number of days interdicted. The court also confirmed the award of two months' gross salary as compensation, as previously ordered in the judgment of 26th July 2023. The computation was based on the figures provided by the claimants' counsel, as the respondent did not contest or provide alternative figures. The court further awarded costs to the claimants. The ruling was delivered virtually in compliance with COVID-19 measures and in accordance with constitutional and statutory...
Court Disposition
Claim allowed; computation of award for unpaid salary and compensation confirmed.
Orders
- The claimants are awarded unpaid basic salary for the period of interdiction as computed: Joseph Sudi Ndinyo KES 229,764.58; Kazungu Mwango KES 249,400.00.
- The claimants are awarded the equivalent of two months' gross salary as compensation: Joseph Sudi Ndinyo KES 428,672.56; Kazungu Mwango KES 416,400.08.
Full Case Text
Judgment text and source record
23 paragraphs
Ndinyo & another v Kenya Utalii College (Cause 2515 of 2017) [2024] KEELRC 2378 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEELRC 2378 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 2515 of 2017
JK Gakeri, J
September 30, 2024
Between
Joseph Sudi Ndinyo
1st Claimant
Kazungu Mwango
2nd Claimant
and
The Kenya Utalii College
Respondent
Ruling
1. In the Judgment delivered on 26th July, 2023, the Court awarded the Claimants;a.Unpaid basic salary during interdiction,b.Equivalent of two (2) months gross salary andc.Costs of the Court.
2. Owing to the absence of figures as to how much the Claimants were paid during interdiction, effective 20th July, 2017, till their dismissal on 15th December, 2017, the Court was unable to compute the actual figures payable to the Claimants and the Claimants did not do so until now.
3. According to the Claimant’s counsel, the unpaid basic salary was as follows;Joseph Sudi Ndinyo Kshs.47,537. 50 per monthKazungu Mwango Kshs.51,600. 00 per month
4. The two months gross salary awarded as compensation is relatively easy to compute as the Claimants salary for June 2017 was as follows;Joseph Sudi Ndinyo Kshs.214,336. 28Kazungu Mwango Kshs.208,200. 04which translates to Kshs.428,672. 56 and Kshs.416,400. 08 respectively.
5. Although the Claimants’ counsel used five (5) months as the duration the Claimants were on interdiction, the duration is slightly less as it is about 4 months and 25 days.Joseph Sudi Ndinyo47,537. 50 x 4 = 190,150. 0025 days = 39,614. 58Total = 229,764. 58Kazungu Mwango51,600 x 4 = 206,400. 0025 days = 43,000. 00Total = 249,400. 00
6. In the end, the Claimants dues are computed as follows;Joseph Sudi Ndinyo Kshs.229,764. 58Two months’ salary Kshs.428,672. 56Total award Kshs.658,437. 14Kazungu Mwango Kshs.249,400. 00Two months’ salary Kshs.416,400. 08Total award Kshs.665,800. 08
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 30TH DAY OF SEPTEMBER 2024DR. JACOB GAKERIJUDGEOrderIn view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.DR. JACOB GAKERIJUDGE