Muganda v Brookside Dairy Limited & 2 others (Petition E002 of 2025) [2025] KEELRC 3523 (KLR) (10 December 2025) (Ruling)

Muganda v Brookside Dairy Limited & 2 others (Petition E002 of 2025) [2025] KEELRC 3523 (KLR) (10 December 2025) (Ruling)

No error apparent on the face of the record was established, but clarification of the judgment was warranted to specify the actual amounts awarded. Gross salary was determined based on basic salary and fixed allowances averaged over three months. Alleged liabilities were not proved and are not deductible. Statutory deductions apply to the award.

Citation
[2025] KEELRC 3523 (KLR)
Parties
Petitioner: Titus Owino Muganda; 1st Respondent: Brookside Dairy Limited; 2nd Respondent: National Police Service; 3rd Respondent: Office of the Director of Public Prosecutions
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Petition E002 of 2025
Procedural Posture
Petition / Ruling on Application for Review/clarification of Judgment
Outcome
Application for review/clarification allowed in part; judgment clarified to specify decretal sums.
Legal Topics
Review of Judgment, Salary Computation, Statutory Deductions, Employee Entitlements
Source Language
English
Constitutional Law Employment Law Administrative Law Review of Judgment Salary Computation Statutory Deductions Employee Entitlements

Case Brief

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Parties

Titus Owino Muganda

Petitioner

Brookside Dairy Limited

1st Respondent

National Police Service

2nd Respondent

Office of the Director of Public Prosecutions

3rd Respondent

Procedural Posture

Petition / Ruling on Application for Review/clarification of Judgment

Legal Issues

  1. 1 Whether there was an error apparent on the face of the record in the judgment regarding salary computation
  2. 2 Whether the applicant is entitled to clarification and review of the judgment to specify decretal sums
  3. 3 Whether statutory deductions and alleged liabilities should be deducted from the award

Ratio Decidendi

No error apparent on the face of the record was established, but clarification of the judgment was warranted to specify the actual amounts awarded. Gross salary was determined based on basic salary and fixed allowances averaged over three months. Alleged liabilities were not proved and are not deductible. Statutory deductions apply to the award.

Court Disposition

Application for review/clarification allowed in part; judgment clarified to specify decretal sums.

Orders

  • One (1) month salary in lieu of notice: Kshs.76,542.35
  • Salary for August 2023: Kshs.76,542.35