[2024] KEELRC 1539 (KLR)
The court found that the respondent failed to demonstrate the formula used in its computation of overtime pay, which resulted in a lower figure than that calculated by the claimant. The claimant, on the other hand, used the exact formula provided by the court in its earlier judgment. The court held that strict...
Source-derived case information.
- Citation
- [2024] KEELRC 1539 (KLR)
- Parties
- Applicant: Reuben Ondigu Orodo; Respondent: University of Nairobi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 1191 of 2018
- Procedural Posture
- Employment Cause / Post Judgment Computation Ruling
- Outcome
- Claimant's computation of overtime pay adopted; respondent to pay the sum as part of the judgment.
- Judges
- MN Nduma
- Legal Topics
- Overtime Pay, Judgment Enforcement, Wage Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Ondigu Orodo
Applicant
University of Nairobi
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation Ruling
Legal Issues
- 1 Whether the respondent's computation of overtime pay complied with the court's judgment formula.
- 2 Whether the claimant's computation accurately reflected the court's directive on overtime calculation.
Ratio Decidendi
The court found that the respondent failed to demonstrate the formula used in its computation of overtime pay, which resulted in a lower figure than that calculated by the claimant. The claimant, on the other hand, used the exact formula provided by the court in its earlier judgment. The court held that strict adherence to its computation directive was required and, as such, adopted the claimant's computation as the correct amount payable. The sum of Kshs.1,103,788.88 was therefore confirmed as the overtime amount due to the claimant, and this computation was incorporated as part of the judgment.
Court Disposition
Claimant's computation of overtime pay adopted; respondent to pay the sum as part of the judgment.
Orders
- The computation of overtime pay filed by the claimant in the sum of Kshs.1,103,788.88 is adopted as part of the judgment.
- The respondent shall pay the claimant Kshs.1,103,788.88 as overtime in accordance with the judgment.
Full Case Text
Judgment text and source record
20 paragraphs
Orodo v University of Nairobi (Employment and Labour Relations Cause 1191 of 2018) [2024] KEELRC 1539 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEELRC 1539 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 1191 of 2018
MN Nduma, J
June 13, 2024
Between
Reuben Ondigu Orodo
Claimant
and
University of Nairobi
Respondent
Ruling
1. Court delivered judgment on 5/10/2023 and directed at paragraph 42(c):“Overtime from 13/7/2015 to 30/6/2017 calculated at 7 hours x 6 days x 4 weeks x 184. 75 hourly pay x 1. 5. Computation to be done and filed within 30 days of judgment by the respondent failing which the claimant is to file the computation within 45 days of judgment.”
2. The respondent made its computation dated 14/9/2023 for the period July 2015 to June 2017 in the sum of Kshs.715,005. 00 whereas the claimant filed a response to the respondent’s computation dated 10/11/2023 in the sum of Kshs.1,103,788. 88.
3. The respondent did not demonstrate in its computation the formula it used to arrive at a sum of Kshs.715,005. 00 whereas the claimant used the exact formula provided by the court in paragraph 42(c) of the judgment.
4. The court finds that the computation filed by the claimant to be the correct one in the sum of Kshs.1,103,788. 88 and adopts the same as part of the judgment of the court dated 5/10/2023.
5. In the final analysis, overtime payable by the respondent to the claimant in terms of paragraph 42(c) of the judgment of the court dated 5/10/2023 is Kshs.1,103,788. 88.
DATED AT NAIROBI THIS 13TH DAY OF JUNE, 2024MATHEWS NDERI NDUMAJUDGEAppearance:Mr. Onenga for claimantMr. Kipkorir for respondentMr. Kemboi, Court Assistant