CODA CONSULTING GROUP LTD V JOHN KAMAU WANYOIKE [2012] KEELRC 39 (KLR)
The bottom line
#Kenya's Industrial Court cut a leave-days award from Ksh.210,000 to Ksh.79,356 due to an arithmetic error, but kept a 10-month unfair termination compensation award intact.
What this practically means
#Executive summary
#Key legal issues
#Error apparent on the face of the record - leave days calculation
The award of Ksh.210,000/= for 68 accrued leave days was a mistake apparent on the record; recalculated correctly it comes to Ksh.79,356/= and was reviewed accordingly
The court applied Order 45 rule 1(1) CPR 2009. The claimant's daily rate of Ksh.1,167 (Ksh.35,000 divided by 30 days) multiplied by 68 leave days yields Ksh.79,356, not Ksh.210,000 as awarded. This arithmetic discrepancy constitutes an error apparent on the record justifying partial review.
Whether the 10 months' compensation was manifestly high
The application for review of the compensation award was rejected because 10 months is within the 12-month statutory maximum
The court held that the maximum compensation permitted by law is 12 months' salary. An award of 10 months' salary therefore fell squarely within the lawful range and disclosed no error apparent on the record, so the Learned Judge exercised discretion properly and the figure was left undisturbed.
Whether review was being used as a disguised appeal
The court found a genuine error on the leave calculation but declined a wholesale review, effectively rejecting the argument that review should revisit discretionary findings
The claimant argued the application was an attempt to hoodwink the court into hearing an appeal out of time under the guise of review. The court reviewed only the demonstrable arithmetic error and declined to disturb the rest of the award, confining review to errors apparent on the record rather than merits-based dissatisfaction.
Legal principles established
#- Review will be allowed where there is discovery of new and important matter or a mistake or error apparent on the record, provided the application is brought without unreasonable delay
- The statutory maximum compensation for unfair termination is 12 months' salary; an award of 10 months falls within the lawful range
Court orders
#- 1.Leave granted to the firm of Omulele & Company Advocates to come on record for the Applicant in place of Kabaru & Company Advocates
- 2.Review of the accrued leave award from Ksh.210,000/= to Ksh.79,356/=
- 3.The amount due to the Claimant, less what is already paid, fixed at Ksh.464,625/=
- 4.Refusal to review the 10 months' salary compensation, which remains as granted
- Jurisdiction invoked
- Rule 32 of the Industrial Court (Procedure) Rules, 2010 and Section 16 of the Industrial Court Act, 2011
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "CODA CONSULTING GROUP LTD V JOHN KAMAU WANYOIKE [2012] KEELRC 39 (KLR)", Case Analysis (2012). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2012/39/eng@2012-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.