[2021] KEELRC 2077 (KLR)
The court found that the application was straightforward and unopposed, and that it was necessary to amend the decree of the Employment & Labour Relations Court to conform with the judgment of the Court of Appeal, which had reduced the compensation for unlawful termination to two months' salary but left other awards...
Source-derived case information.
- Citation
- [2021] KEELRC 2077 (KLR)
- Parties
- Applicant: Rhoda Njeri Kiguru; Respondent: Kiambaa Dairy Farmers Co-operative Society
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 5 of 2015
- Procedural Posture
- Miscellaneous Application / Post Appeal, Application for Adoption and Amendment of Decree
- Outcome
- Application allowed; decree to be amended to reflect Court of Appeal judgment; costs to applicant.
- Judges
- DKN Marete
- Legal Topics
- Unlawful Termination, Compensation Awards, Decree Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rhoda Njeri Kiguru
Applicant
Kiambaa Dairy Farmers Co-operative Society
Respondent
Procedural Posture
Miscellaneous Application / Post Appeal, Application for Adoption and Amendment of Decree
Legal Issues
- 1 Whether the court should adopt the Court of Appeal judgment varying the original award.
- 2 Whether the decree of the Employment & Labour Relations Court should be amended to reflect the Court of Appeal's decision.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the application was straightforward and unopposed, and that it was necessary to amend the decree of the Employment & Labour Relations Court to conform with the judgment of the Court of Appeal, which had reduced the compensation for unlawful termination to two months' salary but left other awards intact. The court held that it was bound to adopt the appellate court's decision and authorize amendment of its decree accordingly. The costs of the application were ordered to be borne by the applicant, as the application was procedural and necessitated by the appellate process.
Court Disposition
Application allowed; decree to be amended to reflect Court of Appeal judgment; costs to applicant.
Orders
- The Court of Appeal judgment varying relief in this cause is hereby adopted.
- The decree of this court is to be amended to abide the terms of the Court of Appeal judgment.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT OF KENYA
AT NYERI
CAUSE NO. 5 OF 2015
(Before D.K.N.Marete)
RHODA NJERI KIGURU.................................................CLAIMANT
VERSUS
KIAMBAA DAIRY FARMERS
CO-OPERATIVE SOCIETY.......................................RESPONDENT
RULING
This is an application dated 18th November, 2020 and comes out as follows;
i)THAT this honourable court do adopt the court of Appeal judgment varying the judgment of this court.
ii)THAT this court do authorize the decree of this court to be amended accordingly to abide the terms of the court of appeal judgment.
iii)THAT costs be in the cause.
The application is grounded as follows;
i)THAT Upon appeal by the Respondent the Court of Appeal varied the award on damages retaining the other awards.
ii)THAT There is need to amend this court’s decree to abide the judgment of the court of appeal.
The application is not defended. The Respondent did not even appear in its hearings in court, despite service. This is perhaps due to its essential nature, it is self-leading.
The Respondent/Applicants case is that the Court of Appeal in its judgment dated 16th October, 2018 has reviewed this court’s judgment by reducing the award to two (2) months salary as compensation for unlawful termination of employment, without interfering with other awards made therein.
This application therefore comes in to seek an amendment of the decree of court to effect this reality. It is not opposed, despite service.
This is a straight forward matter. It does not call for any debate whatsoever. Not unless it comes out in the future, which is not the case, or known as we stand.
I am therefore inclined to allow the application and order relief as follows;
i) That the Court of Appeal judgment varying relief in this cause be and is hereby adopted.
ii) That this court do and hereby authorize the decree of this court to be amended to abide the terms of the Court of Appeal judgment.
iii) That the costs of this cause shall be borne by the Claimant/Applicant.
Dated and delivered at Nyeri this 25th day of February 2021.
D.K.Njagi Marete
JUDGE
Appearances
1. Mr.Upendo holding brief for Mr.Namada instructed by Namada & Company Advocates for the Claimant/Applicant
2. No appearance for the Respondent.