[2025] KEELRC 2130 (KLR)
The court found that it had made a self-evident error in its judgment by overlooking the correct gross salaries of sixteen claimants, as reflected in their uncontested payslips. This error was apparent on the face of the record and did not require elaborate argument to establish. The court held that it was empowered...
Source-derived case information.
- Citation
- [2025] KEELRC 2130 (KLR)
- Parties
- Applicant: Johnson Ngugi; Applicant: Richard Alenga Inyumili; Applicant: Martin Mutuma Miriti; Applicant: James Omondi Onyango; Applicant: James Nguthu Musyoka; Applicant: Hellen Wambui Mbuuru; Applicant: Hawa Wanjiku Ali; Applicant: George Kariuki Njeru; Applicant: Eric Mwenda Mutuma; Applicant: Crispus Gachuhi Wachira; Applicant: Bismark Shimuli Litiema; Applicant: Anthony Opiyo; Applicant: Angela Sanja Sirengo; Applicant: Paul Keeru Gakinya; Applicant: Benard Kibet Ronoh; Applicant: Chris Muasya Muvaka; Applicant: Harun Kithinji Mbae; Respondent: Safaricom PLC
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 70 of 2019
- Procedural Posture
- Review Application / Ruling on Application for Review of Judgment
- Outcome
- application granted; judgment corrected to reflect accurate gross salaries for computation of compensation and notice pay for all claimants except the 2nd claimant.
- Judges
- MN Nduma
- Legal Topics
- Review of Judgment, Compensation Computation, Notice Pay, Gross Salary Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Ngugi
Applicant
Richard Alenga Inyumili
Applicant
Martin Mutuma Miriti
Applicant
James Omondi Onyango
Applicant
James Nguthu Musyoka
Applicant
Hellen Wambui Mbuuru
Applicant
Hawa Wanjiku Ali
Applicant
George Kariuki Njeru
Applicant
Eric Mwenda Mutuma
Applicant
Crispus Gachuhi Wachira
Applicant
Bismark Shimuli Litiema
Applicant
Anthony Opiyo
Applicant
Angela Sanja Sirengo
Applicant
Paul Keeru Gakinya
Applicant
Benard Kibet Ronoh
Applicant
Chris Muasya Muvaka
Applicant
Harun Kithinji Mbae
Applicant
Safaricom PLC
Respondent
Procedural Posture
Review Application / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the court erred in applying incorrect gross salaries for computation of compensation and notice pay for the claimants.
- 2 Whether the error is apparent on the face of the record and amenable to review under Rule 75 of the ELRC (Procedure) Rules.
- 3 Whether the court is functus officio regarding correction of the judgment on the issue of gross salary.
Ratio Decidendi
The court found that it had made a self-evident error in its judgment by overlooking the correct gross salaries of sixteen claimants, as reflected in their uncontested payslips. This error was apparent on the face of the record and did not require elaborate argument to establish. The court held that it was empowered under Rule 75 of the ELRC (Procedure) Rules to correct such errors, notwithstanding the filing of a notice of appeal. The correction was necessary to ensure that the compensation and notice pay awards were computed based on the accurate gross salaries as pleaded and proved. The application for review was therefore granted, and the judgment was amended to substitute the correct...
Court Disposition
application granted; judgment corrected to reflect accurate gross salaries for computation of compensation and notice pay for all claimants except the 2nd claimant.
Orders
- The application for review is granted.
- The judgment dated 26th May 2025 is corrected by substituting the gross monthly salary of all claimants except the 2nd claimant.
Full Case Text
Judgment text and source record
81 paragraphs
Ngugi & 16 others v Safaricom PLC (Employment and Labour Relations Cause 70 of 2019) [2025] KEELRC 2130 (KLR) (17 July 2025) (Ruling)
Neutral citation: [2025] KEELRC 2130 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 70 of 2019
MN Nduma, J
July 17, 2025
Between
Johnson Ngugi
1st Claimant
Richard Alenga Inyumili
2nd Claimant
Marftin Mutuma Miriti
3rd Claimant
James Omondi Onyango
4th Claimant
James Nguthu Musyoka
5th Claimant
Hellen Wambui Mbuuru
6th Claimant
Hawa Wanjiku Ali
7th Claimant
George Kariuki Njeru
8th Claimant
Eric Mwenda Mutuma
9th Claimant
Crispus Gachuhi Wachira
10th Claimant
Bismark Shimuli Litiema
11th Claimant
Anthony Opiyo
12th Claimant
Angela Sanja Sirengo
13th Claimant
Paul Keeru Gakinya
14th Claimant
Benard Kibet Ronoh
15th Claimant
Chris Muasya Muvaka
16th Claimant
Harun Kithinji Mbae
17th Claimant
and
Safaricom PLC
Respondent
Ruling
1. The application dated 27/5/2025 is for review of the judgment of the court delivered on 26th May 2025 in terms of Rule 75 of the ELRC (Procedure) Rules which provides:-“The court shall at the request of the parties or on its own motion cause any clerical mistake, incidental error or omission to be rectified and shall notify the parties of such rectification.”
2. The application seeks an order in the following terms:1. Spent2. The honourable court be pleased to review, correct and/or amend the judgment dated 26th May 2025 by applying the correct monthly gross salary as reflected in the Claimant’s payslips for accurate computation of compensation of the amended reliefs.3. Costs of the application.
3. The application is premised on grounds (a) to (e ) set out on the face of the Notice of Motion and buttressed in the supporting affidavit of Anthony Opiyo, the 1st Claimant/Applicant the crux of which is that the court applied the wrong gross salaries of the Claimants except the 2nd Claimant in the computation of notice and compensation awarded to the Claimants’ herein.
4. That this is an error apparent on the face of the record which the court may correct.
5. That in the witness statements all dated 16th November 2018, the Claimants’ produced as evidence their payslips which were uncontested by the Respondents during the trial.
6. That the current amount of monthly gross salaries were pleaded, proved during the hearing of the suit and were uncontested by the Respondent.
7. That the current monthly gross salaries of the Claimants as pleaded are as follows:-Claimant Monthly Gross Salary
1. Johnson Ngugi Kangiri Kshs. 342,087. 00
2. Richard Alenga Inyumili Kshs. 326,181. 95
3. Martin Mutuma Miriti Kshs. 296,994. 00
4. James Omondi Onyango Kshs. 326,181. 95
5. James Nguthu Musyoka Kshs. 326,181. 95
6. Hellen Wambui Mburu Kshs. 323,671. 21
7. Hawa Wanjiku Ali Kshs. 296,994. 00
8. George Kariuki Njeru Kshs. 287,825. 84
9. Eric Mwenda Mutuma Kshs. 303,989. 14
10. Crispus Gachuhi Wachira Kshs. 296,994. 00
11. Bismark Shimuli Litiema Kshs. 318,784. 22
12. Anthony Opiyo Kshs. 438,773. 00
13. Angela Sanja Sirengo Kshs. 318,784. 22
14. Paul Keeru Gakinya Kshs. 323,671. 21
15. Benard Kibet Ronoh Kshs. 277,000. 00
16. Chris Muasya Muvaka Kshs. 335,524. 92
17. Harold Kithinji Mbae Kshs. 323,671. 21
8. That the court grants the application as prayed.
Grounds of opposition 9. The Respondent oppose the application on grounds that it offends section 80 of the Civil Procedure Act as read with Order 45, Rule 1(2) of the Civil Procedure Rules, 2010 in that the court is functus officio in relation to its finding on the Claimants’ salary in view of the different evidence that was before it.
10. That the proposed reviews, correction and/or amendments sought by the Claimants’ are issues of evidence on the Claimants’ gross pay and the compensation awards by the court which can only be canvassed by way of an appeal.
11. Parties filed written submissions which the court has considered carefully. In the case of National Bank of Kenya Ltd versus Ndungu Njau [1977] eKLR the Court of Appeal stated:A review may be granted whenever the court considers that it is necessary to correct an apparent error or omission on the part of the court. The error or omission must be self-evident and should not require an elaborate argument to be established.”This court is satisfied it made self-evident errors on record
12. on the face of the judgment in that it overlooked the gross salaries earned by sixteen (16) Claimants reflected in their payslips adduced as evidence before court.
13. The gross salaries earned by the Claimants were not contested by the Respondent. This is clearly on error on the part of the court which the court is obliged to correct to meet the ends of justice.
14. It matters not that a notice of appeal has already been filed. That cannot prevent this court from correcting an error that was innocuously made by the court in its judgment which error if not corrected is likely to cause grave injustice to the Claimants.
15. Accordingly, the application is granted and the award of notice pay and compensation amended as follows:-1. 1st Claimant - Johnson Ngugi Kangiria.Is awarded Kshs. 342,087 in lieu of one-month noticeb.Compensation is computed at the equivalent of 10 months salary in the sum of Kshs. 3,420,870. 00. 2.3rd Claimant – Martin Mutuma Miritia.Kshs. 296,994. 00 in lieu of one-month noticeb.Compensation in the sum of Kshs. (296,994x10 months salary) Kshs. 2,969,940. 00. 3.4th Claimant – James Omondi Onyangoa.Kshs. 326,181. 95 in lieu of one-month notice.b.Compensation in the sum of Kshs. (326,181. 95x10 months’ salary) Kshs. 3,261,819. 5.4. 5th Claimant James Nguthu Musyokaa.Kshs. 326,181. 95 in lieu of one-month notice.b.Compensation in the sum of Kshs. (326,181. 95x10 months salary) Kshs. 3,261,819. 55. 6th Claimant – Hellen Wambui Mburua.Kshs. 323,671. 21 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (323,671. 21x10) Kshs. 3,236,712. 1.6. 7th Claimant – Hawa Wanjiku Alia.Kshs. 296,994. 00 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (296,994x10) Kshs. 2,969,940. 007. 8th Claimant – George Kariuki Njerua.Kshs. 287,825. 84 one-month salary in lieu of notice.b.Compensation in the sum of Kshs. (287,825. 84x10) Kshs. 2,878,258. 4.8. 9th Claimant – Erick Mwenda Murumaa.Kshs. 303,989. 14 in lieu of one-months’ notice.b.Compensation in the sum of Kshs.(303,989. 14x10) Kshs. 3,039,891. 49. 10th Claimant – Crispus Cachuhi Wachiraa.Kshs. 296,994. 00 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (296,994x10) Kshs. 2,969,940. 00. 10. 11th Claimant – Bismark Shimuli Litiemaa.One month salary in lieu of noticeb.Compensation in the sum of Kshs. (318,784. 22x10) Kshs. 3,187,842. 211. 12th Claimant – Anthony Opiyoa.Kshs. 438,773. 00 in lieu of one-months noticeb.Compensation in the sum of Kshs. (438,773x10) Kshs. 4,387,730. 0012. 13th Claimant – Angela Sanja Sirengoa.Kshs. 318,784. 22 in lieu of one-months’ notice.b.Compensation in the sum of Kshs. 3,187,842. 213. 14th Claimant - Paul Keeru Gakinyaa.Kshs. 323,671. 22 in lieu of one-months’ notice.b.Compensation in the sum of Kshs.(323. 671. 22x10) Kshs. 3,236,712. 2.14. 15th Claimant – Benard Kibet Ronnoh.a.Kshs. 277,000. 00 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (277,000x10) Kshs. 2,770,000. 00. 15. 16th Claimant – Chris Muasya Muvakaa.Kshs. 335,524. 92 in lieu of one-months’ notice.b.Compensation of Kshs. (335,524. 92x10) Kshs. 3,355,249. 216. 17th Claimant – Harold Kithinji Mbaea.Kshs. 323,671. 21 in lieu of one-months’ notice.b.Compensation in the sum of Kshs (323,671. 21x10) Kshs. 3,236,712. 1.
16. The judgment of the court dated 26th May 2025 is corrected by substituting the gross monthly salary of all the Claimants except the 2nd Claimant accordingly.
It is so ordered
DATED AT NAIROBI THIS 17TH DAY OF JULY 2025. MATHEWS NDUMAJUDGEAppearance:Mr. Change, Advocate for the ClaimantMr. Mwangi, Advocate for the RespondentMr. Kemboi – Court Assistant