[2018] KEELRC 804 (KLR)
The court found that there was a genuine clerical error in the judgment regarding the amount of special damages awarded to the claimant, which should have been Kshs.169,300 instead of Kshs.61,300. Consequently, the total award was amended to Kshs.5,676,549.50. The court clarified that the respondent is only entitled...
Source-derived case information.
- Citation
- [2018] KEELRC 804 (KLR)
- Parties
- Claimant: Patrick Omutia; Respondent: Telcom Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 80 of 2013
- Procedural Posture
- Employment Cause / Post Judgment Ruling on Correction of Award and Clarification of Interest Computation
- Outcome
- Judgment corrected and clarified; award amended; directions on interest and off-set issued.
- Judges
- MN Nduma, DO Ogal
- Legal Topics
- Constructive Dismissal, Special Damages, Judgment Correction, Interest on Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Omutia
Claimant
Telcom Kenya Limited
Respondent
Procedural Posture
Employment Cause / Post Judgment Ruling on Correction of Award and Clarification of Interest Computation
Legal Issues
- 1 Whether the court's judgment contained an error in the computation of special damages and the total award to the claimant.
- 2 Whether the respondent is entitled to off-set more than the actual loan amount owed by the claimant.
- 3 Whether interest on the award should be calculated at a compound rate.
Ratio Decidendi
The court found that there was a genuine clerical error in the judgment regarding the amount of special damages awarded to the claimant, which should have been Kshs.169,300 instead of Kshs.61,300. Consequently, the total award was amended to Kshs.5,676,549.50. The court clarified that the respondent is only entitled to off-set the actual outstanding loan amount, after accounting for all payments made by the claimant, and not more. Furthermore, the court held that interest on the award is to be calculated at court rates from the date of constructive dismissal until payment in full, and that there is no basis for compounding the interest, as the judgment did not provide for compound...
Court Disposition
Judgment corrected and clarified; award amended; directions on interest and off-set issued.
Orders
- The judgment is amended to reflect special damages as Kshs.169,300 and the total award as Kshs.5,676,549.50.
- Interest is payable at court rates from the date of constructive dismissal until payment in full.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 80 OF 2013
(Before Hon. Justice Mathews N. Nduma)
PATRICK OMUTIA ............................CLAIMANT
=VERSUS=
TELCOM KENYA LIMITED .......RESPONDENT
R U L I N G
1. In the Judgment of the court delivered on 18th March 2016, special damages were erroneously stated to be “Kshs.61,300” instead of “Kshs.169,300”. This was a genuine error on the part of the court which led to the total award to the Claimant stated as 5,507,249. 50 instead of Kshs.5,676,549. 50.
2. The Judgment of the court is accordingly amended to reflect the aforesaid correction.
3. Furthermore, for the avoidance of doubt, the total award of the court, including the amount off-set against the Loan owed to the Respondent by the Claimant was payable with interest at court rates from date of the constructive dismissal until payment in full to defray any interest that may have accrued on his unpaid staff loan.’
4. Furthermore, the Respondent may not off-set from the decretal sum more money than is owed to it upon computing all the payments made by the Claimant towards repayment of the loan.
5. Calculation of interest is not stated to be at a compound rate of interest. That interpretation is not supported by the judgment of the court.
6. The parties are to be guided accordingly.
Ruling Dated, Signed and delivered this…12th day of October , 2018
Mathews N. Nduma
Judge
Delivered and signed in Nairobi this 26th day of October, 2018
Maureen Onyango
Judge
Appearances:-
S. Musalia Mwenesi Advocates for Claimant
M/s. Mbabu & Co. Advocates for Respondent
Daniel Ngumbi : Court Clerk