[2023] KEELRC 3010 (KLR)
The court found that there was a clerical error in the reliefs section of the judgment, where the claimant was awarded house allowance for only 11 months instead of the 36 months as determined in the substantive findings at paragraph 134. The court exercised its power to correct the error to ensure the judgment...
Source-derived case information.
- Citation
- [2023] KEELRC 3010 (KLR)
- Parties
- Applicant: Abiero Peter Okoth; Respondent: Rafiki Micro-Finance Bank Kenya Ltd
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 200 of 2018
- Procedural Posture
- Employment and Labour Cause / Ruling on Correction of Clerical Error in Judgment
- Outcome
- Clerical error in judgment corrected; claimant awarded house allowance for 36 months.
- Judges
- K Ocharo
- Legal Topics
- House Allowance, Remuneration Entitlements, Clerical Error Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abiero Peter Okoth
Applicant
Rafiki Micro-Finance Bank Kenya Ltd
Respondent
Procedural Posture
Employment and Labour Cause / Ruling on Correction of Clerical Error in Judgment
Legal Issues
- 1 Whether the court made a clerical error in the computation of unpaid house allowance due to the claimant.
- 2 Whether the claimant is entitled to house allowance for 36 months instead of 11 months.
Ratio Decidendi
The court found that there was a clerical error in the reliefs section of the judgment, where the claimant was awarded house allowance for only 11 months instead of the 36 months as determined in the substantive findings at paragraph 134. The court exercised its power to correct the error to ensure the judgment accurately reflected its intention and the claimant's entitlement. The correction was made in accordance with the principles of justice and the court's duty to eschew undue technicalities, as provided under Article 159(2)(d) of the Constitution and the Civil Procedure Rules. The claimant was therefore awarded house allowance for 36 months, amounting to KES 216,000.
Court Disposition
Clerical error in judgment corrected; claimant awarded house allowance for 36 months.
Orders
- The award of house allowance is corrected from 11 months (KES 146,666.57) to 36 months (KES 216,000).
- A signed copy of the ruling to be provided to each party upon payment of court fees.
Full Case Text
Judgment text and source record
17 paragraphs
Okoth v Rafiki Micro-Finance Bank Kenya Ltd (Employment and Labour Relations Cause 200 of 2018) [2023] KEELRC 3010 (KLR) (27 November 2023) (Ruling)
Neutral citation: [2023] KEELRC 3010 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 200 of 2018
K Ocharo, J
November 27, 2023
Between
Abiero Peter Okoth
Claimant
and
Rafiki Micro-Finance Bank Kenya Ltd
Respondent
Ruling
1. The court notes that at paragraph 134 of the judgment it found that the Claimant is entitled to unpaid house allowance to an extent of 36 months. However, by error, which I find clerical, in the reliefs section the court awarded house allowance for 11 (eleven) months, ksh 146,666. 57. This error must be corrected and it is hereby corrected. Therefore, under paragraph 146(d) the Claimant is awarded house allowance for 36 months therefore ksh 216,000 (15/100x40,000x36).
2. Orders accordingly.
DATED, SIGNED AND DELIVERED VIRTUALLY IN NAIROBI THIS 27TH DAY OF NOVEMBER, 2023. OCHARO KEBIRAJUDGEIn the presence of:Mr. Abiero for ClaimantMs Wamuyu for RespondentORDERIn 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 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.A signed copy will be availed to each party upon payment of Court fees.OCHARO KEBIRAJUDGE