[2025] KEELRC 1140 (KLR)
The court found that the application for adoption of the Director's award was unopposed and, in the absence of any challenge or contrary submissions, allowed the application. The Director's award was adopted as the judgment of the court. The court further ordered that interest on the awarded sum be computed as...
Source-derived case information.
- Citation
- [2025] KEELRC 1140 (KLR)
- Parties
- Applicant: Enos Simiyu Werunga; Respondent: Tanabe Hauliers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E004 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed; Director's award adopted as judgment of the court.
- Judges
- K Ocharo
- Legal Topics
- Adoption of Award, Interest on Award, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enos Simiyu Werunga
Applicant
Tanabe Hauliers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Director's award should be adopted as the judgment of the court.
- 2 Whether interest should be awarded on the sum granted by the Director's award.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the application for adoption of the Director's award was unopposed and, in the absence of any challenge or contrary submissions, allowed the application. The Director's award was adopted as the judgment of the court. The court further ordered that interest on the awarded sum be computed as simple interest, in line with standard practice where no specific rate or method is contested. Costs of the application were awarded to the applicant, consistent with the principle that costs follow the event and the applicant was successful in the application.
Court Disposition
Application allowed; Director's award adopted as judgment of the court.
Orders
- The Director's award is adopted as the judgment of the court.
- Interest on the awarded sum shall be computed as simple interest.
Full Case Text
Judgment text and source record
19 paragraphs
Werunga v Tanabe Hauliers Limited (Miscellaneous Application E004 of 2025) [2025] KEELRC 1140 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEELRC 1140 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Miscellaneous Application E004 of 2025
K Ocharo, J
April 3, 2025
Between
Enos Simiyu Werunga
Applicant
and
Tanabe Hauliers Limited
Respondent
Ruling
1. The Application dated 15th January 2025 is not opposed.
2. Consequently, it is allowed. The Director’s award is hereby adopted as judgment of this Court.
3. Interest on the awarded sum shall be computed as simple interest.
4. Cost of the application shall be in favour of the Applicant.
DATED, SIGNED AND DELIVERED THIS 3RD DAY OF FEBRUARY 2025OCHARO KEBIRAJUDGE