[2019] KEELRC 570 (KLR)
The court found that the respondent's computation accurately reflected the underpayments due to the claimant for the period 2011 to July 2014, based on the applicable minimum wage. The claimant's computation was found to be erroneous and was rejected. The court therefore adopted the respondent's figure of Kshs....
Source-derived case information.
- Citation
- [2019] KEELRC 570 (KLR)
- Parties
- Claimant: Paul Otieno Ogutu; Respondent: Ndugu Transporters Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 388 of 2015
- Procedural Posture
- Employment Cause / Post Judgment Computation Ruling
- Outcome
- Judgment entered for the claimant for underpayments as computed by the respondent.
- Judges
- MN Nduma
- Legal Topics
- Wage Underpayment, Minimum Wage Computation, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Otieno Ogutu
Claimant
Ndugu Transporters Limited
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation Ruling
Legal Issues
- 1 Whether the computation of underpayments for the period 2011 to July 2014 is accurate and in accordance with the applicable minimum wage.
- 2 Which party's computation should be adopted by the court.
Ratio Decidendi
The court found that the respondent's computation accurately reflected the underpayments due to the claimant for the period 2011 to July 2014, based on the applicable minimum wage. The claimant's computation was found to be erroneous and was rejected. The court therefore adopted the respondent's figure of Kshs. 18,485 as the correct sum payable for underpayments, entering judgment for the claimant in that amount.
Court Disposition
Judgment entered for the claimant for underpayments as computed by the respondent.
Orders
- Judgment is entered in favour of the claimant against the respondent for underpayments in the sum of Kshs. 18,485.
- The computation by the claimant is rejected.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 388 OF 2015
(Before Hon. Justice Mathews N. Nduma)
PAUL OTIENO OGUTU...................................... CLAIMANT
VERSUS
NDUGU TRANSPORTERS LIMITED............RESPONDENT
RULING
1. This is a ruling on computation pursuant to the judgment of the court delivered on 24th January 2019.
2. The court has examined the submissions filed by the claimant on 6th February 2019 and the minimum wage applicable for the period 2011 to July 2014, and we have compared the figures to those in the computation by the respondent filed on 5th March 2014 and come to the following conclusion.
3. The computation by respondent reflects the true status of underpayments for the period 2011 to July 2014. The total underpayments payable is Kshs. 18,485 as computed by the respondent and adopted as part of the judgment of the court delivered on 24th January 2019. The computation by the claimant is erroneous and same is rejected.
4. In the final analysis, judgment is entered in favour of the claimant as against the respondent in respect of underpayments in the sum of Kshs. 18,485.
Ruling Dated, Signed and delivered this 24th day of October, 2019
Mathews N. Nduma
Judge
Appearances
M.M. Omondi for the Claimant.
Ondego for the Respondent
Chrispo – Court Clerk