[2016] KEELRC 1863 (KLR)
The court reaffirmed its earlier judgment entitling the claimant to Kshs.85,000 for the acting position, arrear salary at Kshs.40,000 per month from the date Mr. Dan Mahadi took over, transport allowance of Kshs.10,000 from April 2015, and Kshs.5,000 from May 2015. The respondents failed to comply with the court's...
Source-derived case information.
- Citation
- [2016] KEELRC 1863 (KLR)
- Parties
- Claimant: Titus Wamalwa Khaemba; Respondent: Sanpack Africa Limited; Respondent: Dan Mihadi (Secretary General)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1188 of 2015
- Procedural Posture
- Employment Cause / Ruling on Application for Review and Directions on Computation of Dues
- Outcome
- Application for review dismissed; directions issued for computation and confirmation of dues.
- Legal Topics
- Salary Arrears, Acting Position Entitlements, Transport Allowance, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Wamalwa Khaemba
Claimant
Sanpack Africa Limited
Respondent
Dan Mihadi (Secretary General)
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Review and Directions on Computation of Dues
Legal Issues
- 1 Whether the claimant is entitled to payment for the period he held the acting position.
- 2 Whether the claimant is entitled to arrear salary at the rate of Kshs.40,000 per month from the date Mr. Dan Mahadi took over.
- 3 Whether the claimant is entitled to transport allowance from April 2015 and an additional amount from May 2015.
Ratio Decidendi
The court reaffirmed its earlier judgment entitling the claimant to Kshs.85,000 for the acting position, arrear salary at Kshs.40,000 per month from the date Mr. Dan Mahadi took over, transport allowance of Kshs.10,000 from April 2015, and Kshs.5,000 from May 2015. The respondents failed to comply with the court's order to file computation of dues. The application for review was found to lack merit and was dismissed. The court directed the respondents to file their computation within fourteen days and the claimant to respond within seven days thereafter, to enable the court to confirm the amounts payable.
Court Disposition
Application for review dismissed; directions issued for computation and confirmation of dues.
Orders
- Respondent to file computation of dues within fourteen days.
- Claimant to file comments on computation within seven days of service.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS
COURT OF KENYA AT NAIROBI
CAUSE NO. 1188 OF 2015
TITUS WAMALWA KHAEMBA …………...…..….. CLAIMANT
VERSUS
SANPACK AFRICA LIMITED ……………..…1ST RESPONDENT
DAN MIHADI (SECRETARY GENERAL) .… 2ND RESPONDENT
RULING
1. The judgment of the court is clear in these respects;
i. Kshs.85,000 is due to the claimant for the period he held the acting position;
ii. from the date Mr. Dan Mahadi took over, the claimant is entitled to arrear salary calculated at Kshs.40,000 per month;
iii. the claimant is to be paid transport allowance of Kshs.10,000 from April 2015;
iv. Kshs.5,000 from May 2015.
2. The parties have not complied with the court order to file computation of the dues to the claimant in terms of the judgment.
3. The respondent is directed to file its computation within fourteen (14) days of this judgment and the claimant to file any comments on the computation within seven (7) days of service to allow the court to confirm the figures payable.
4. The application for review has no merit and same is dismissed.
5. Matter to be allocated a mention date for confirmation of the filing aforesaid.
Dated and delivered at Nairobi this 14th day of October, 2016
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE