https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1520
The court found that order (b) of the judgment contained an incidental omission because it failed to include the gratuity award already made in paragraph 75. Exercising its power under Rule 75 of the Employment and Labour Relations Court (Procedure) Rules, 2024, the court rectified the judgment and corrected the...
Source-derived case information.
- Citation
- [2026] KEELRC 1520 (KLR)
- Parties
- Claimant: Joseph Michael Petters; Respondent: Majani Mingi Sisal Estate Limited
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Cause E093 of 2024
- Procedural Posture
- Employment and Labour Relations Cause; Ruling on Correction of Judgment / Post Judgment Rectification of Clerical/incidental Error
- Outcome
- Application/notice for correction allowed; judgment rectified.
- Judges
- ["J Rika"]
- Legal Topics
- Rectification of Judgment, Clerical Mistake, Incidental Error or Omission, Gratuity Award, Aggregate Damages Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Michael Petters
Claimant
Majani Mingi Sisal Estate Limited
Respondent
Procedural Posture
Employment and Labour Relations Cause; Ruling on Correction of Judgment / Post Judgment Rectification of Clerical/incidental Error
Legal Issues
- 1 Whether the court should rectify an error or omission in the judgment
- 2 Whether order (b) omitted the gratuity award of Kshs. 704,363 from the total sum awarded
Ratio Decidendi
The court found that order (b) of the judgment contained an incidental omission because it failed to include the gratuity award already made in paragraph 75. Exercising its power under Rule 75 of the Employment and Labour Relations Court (Procedure) Rules, 2024, the court rectified the judgment and corrected the total award.
Court Disposition
Application/notice for correction allowed; judgment rectified.
Orders
- Order (b) of the judgment is rectified to include gratuity of Kshs. 704,363.
- The total sum awarded is rectified to Kshs. 3,010,315.
Full Case Text
Judgment text and source record
1 paragraphs
Petters v Majani Mingi Sisal Estate Limited (Cause E093 of 2024) [2026] KEELRC 1520 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELRC 1520 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Cause E093 of 2024 J Rika, J June 4, 2026 Between Joseph Michael Petters Claimant and Majani Mingi Sisal Estate Limited Respondent Ruling 1.Judgment in this Claim was delivered last week, on 29th May 2026, in favour of the Claimant. 2.The Claimant wrote to the Court on 3rd June 2026, bringing it to the attention of the Court, that there is an error at order [b] of the Judgment. 3.The aggregate amount awarded at Kshs. 2,305,952, excludes the award of gratuity at Kshs. 704,363, made at paragraph 75 of the Judgment. 4.The Court has reviewed both paragraph 75 and order [b] of its Judgment, and agrees with the Claimant, that there is an incidental error or omission on the record. 5.Rule 75 of the E&LRC [Procedure] Rules, 2024, states:‘’ The Court shall, at the request of the parties, or on its own motion, cause any clerical mistake, incidental error or omission to be rectified, and shall notify the parties of such rectification.’’ 6.Pursuant to this Rule, Judgment is reviewed and order [b] accordingly rectified.It is ordered:-a.Order [b] of the Judgment is hereby rectified, to include award of gratuity at Kshs. 704,363.b.The total sum awarded is rectified to Kshs. 3,010,315.c.A copy of this Ruling to be availed to all the parties. DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, UNDER RULE 68 [5] OF THE E&LRC [PROCEDURE] RULES, 2024, THIS 4TH DAY OF JUNE 2026,JAMES RIKAJUDGE