[2020] KEELRC 648 (KLR)
The respondents failed to comply with the court's directive to compute the award for each claimant within the prescribed period. In accordance with the judgment, the claimants were entitled to file their own computation. The court reviewed the computation filed by the claimants for 119 individuals and found it...
Source-derived case information.
- Citation
- [2020] KEELRC 648 (KLR)
- Parties
- Applicant: Peter Otieno Odera; Applicant: Reginal Owaka Ochola; Applicant: Antoney Gaya Tindi and 66 others; Respondent: County Government of Homa Bay; Respondent: Homa Bay County Public Service Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 3 of 2018
- Procedural Posture
- Employment Cause / Post Judgment Ruling on Computation and Adoption of Award
- Outcome
- Claimants' computation adopted as part of the judgment; ruling delivered online due to COVID-19 measures.
- Judges
- MN Nduma
- Legal Topics
- Judgment Enforcement, Computation of Awards, Court Orders, Covid19 Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Otieno Odera
Applicant
Reginal Owaka Ochola
Applicant
Antoney Gaya Tindi and 66 others
Applicant
County Government of Homa Bay
Respondent
Homa Bay County Public Service Board
Respondent
Procedural Posture
Employment Cause / Post Judgment Ruling on Computation and Adoption of Award
Legal Issues
- 1 Whether the respondents complied with the court's directive to compute the award for each claimant within the stipulated period.
- 2 Whether the computation filed by the claimants should be adopted as part of the judgment.
Ratio Decidendi
The respondents failed to comply with the court's directive to compute the award for each claimant within the prescribed period. In accordance with the judgment, the claimants were entitled to file their own computation. The court reviewed the computation filed by the claimants for 119 individuals and found it proper and in accordance with the earlier judgment. Consequently, the court adopted the claimants' computation as part of the judgment. The ruling was delivered online due to COVID-19 restrictions, with the parties' consent and in line with constitutional and statutory provisions promoting access to justice and the use of technology.
Court Disposition
Claimants' computation adopted as part of the judgment; ruling delivered online due to COVID-19 measures.
Orders
- The computation filed by the claimants for 119 individuals is adopted as part of the judgment of 24th October 2019.
- Ruling delivered online with parties' consent, waiving Order 21 rule 1 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT KISUMU
CAUSE NO. 3 OF 2018
(Before Hon. Justice Mathews N. Nduma)
PETER OTIENO ODERA……………………………………....1ST CLAIMANT
REGINAL OWAKA OCHOLA………………………………...2ND CLAIMANT
ANTONEY GAYA TINDI AND 66 OTHERS…………………3RD CLAIMANT
VERSUS
COUNTY GOVERNMENT OF HOMA BAY……………...1ST RESPONDENT
HOMA BAY COUNTY PUBLIC SERVIE BOARD………2ND RESPONDENT
RULING
1. In the Judgment of the court delivered on 24th October, 2019, the court stated under paragraph 30 (f) as follows: -
2. ‘’ The respondent to compute the award in respect of each claimant, serve the claimants and file same within 45 days from date of judgment failing which the claimants to file their computation within 15 days from the date above. ‘’
3. In an application on certificate of urgency dated 10th June, 2020, the applicants informed court that the respondent did not comply with the directive of the court stated above and the claimants proceeded to file their computation dated 6th January 2020 on 20th January 2020.
4. The Court has considered the computation filed in respect of one hundred and nineteen (119) claimants and is satisfied that the same is proper and in accordance with paragraph 30(f) of the Judgment of Court dated 24th October 2019.
5. Therefore, the computation is adopted as part of the Judgment of the Court dated 24th October 2019.
Ruling Dated, Signed and Delivered at Nairobi this 16th day of July 2020.
Mathew N. Nduma
Judge
ORDER
In 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, this ruling has been delivered to the parties online with their consent. 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 18 of the Civil 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.
Mathews N. Nduma
Judge
Appearances:-
Mr. Obadh for the claimants.
Mr. Nyauke for Respondents.
Chrispo: Court clerk.