[2017] KEELRC 1949 (KLR)
The court found that the claimant's computation of arrears and allowances was consistent with the judgment delivered on 14th October 2016, while the respondent's computation was flawed and did not accord with the court's findings. The court held that the claimant was entitled to salary for twin positions,...
Source-derived case information.
- Citation
- [2017] KEELRC 1949 (KLR)
- Parties
- Claimant: Titus Wamalwa Khaemba; Respondent: Transport Workers Union; 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 Computation of Entitlements Post Judgment
- Outcome
- Claimant's computation of arrears and allowances adopted; respondent to pay Kshs.902,500 and costs.
- Legal Topics
- Salary Arrears, Allowances, Union Officials Remuneration, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Wamalwa Khaemba
Claimant
Transport Workers Union
Respondent
Dan Mihadi (Secretary General)
Respondent
Procedural Posture
Employment Cause / Ruling on Computation of Entitlements Post Judgment
Legal Issues
- 1 Whether the claimant is entitled to arrears of salary and allowances for the period served as a union official.
- 2 Whether the respondent's computation of entitlements is consistent with the court's earlier judgment.
- 3 Whether the claimant is entitled to costs of the suit.
Ratio Decidendi
The court found that the claimant's computation of arrears and allowances was consistent with the judgment delivered on 14th October 2016, while the respondent's computation was flawed and did not accord with the court's findings. The court held that the claimant was entitled to salary for twin positions, underpayments, transport and operation allowances for the specified periods, totaling Kshs.902,500. The respondent was ordered to pay this sum as well as the costs of the suit.
Court Disposition
Claimant's computation of arrears and allowances adopted; respondent to pay Kshs.902,500 and costs.
Orders
- Respondent to pay claimant Kshs.902,500 as arrear salary and allowances.
- Respondent to pay costs of the suit.
Full Case Text
Judgment text and source record
20 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
TRANSPORT WORKERS UNION......................1ST RESPONDENT
DAN MIHADI (SECRETARY GENERAL).............2ND RESPONDENT
RULING
1. The court has considered the rival computation by the parties filed by the claimant on 31st October 2016 and that by the respondent filed on 21st October 2016 and having regard to the ruling by the court dated 14th October 2016 makes the following final orders;
(i) The claimant served as the secretary of the Airport Branch until 18th August 2016 and is entitled to transport allowance of Kshs.10,000 per month from April 2015 to 18th August 2016 in the sum of Kshs.165,000.
(ii) That the claimant is entitled to the salary of the twin positions for the period July, August and December 2015 at Kshs.80,000 per month in the sum of Kshs.240,000.
(iii) That the claimant was underpaid in the months of September to November 2015 and January to March 2016 by Kshs.40,000 per month and is entitled to Kshs.240,000.
(iv) The claimant is also entitled to a salary of Kshs.40,000 for the period March to 18th August 2016, when he was re-elected as Branch secretary Airport Branch after losing the position of deputy general secretary on (19/3/2016 to 18/8/2016) in the sum of Kshs.180,000.
(v) The claimant is also entitled to payment of operation allowance of Kshs.5,000 per month for the period May 2015 to 18th August 2016 upon re-election on 23rd April 2016 as the secretary of the Airport Branch.
2. Accordingly, the total arrear salary and allowances payable to the claimant is Kshs.902,500 in accordance with the computation filed by the claimant. The computation by the respondent is flawed and is not in accordance with the judgment of the court.
3. The respondent is to pay the costs of the suit.
Dated and delivered at Nairobi this 2nd day of March 2017
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE