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ELRCPartially AllowedNot stated in the judgment· [2016] KEELRC 629 (KLR)

Kenya Union of Commercial Food and Allied Workers v Sanpack Africa Limited [2016] KEELRC 629 (KLR)

Employment and Labour Relations Court
9 September 2016
468 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court corrected its own math error on a compensation award but refused to revisit findings the employer never challenged in time.

What this practically means

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Executive summary

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The respondent applied for review of a judgment delivered on 18th March 2016 under rules 27 and 32 of the Employment and Labour Relations Court (Procedure) Rules 2010, raising two grounds. First, it contended an error apparent on the face of the record in the court's finding that the two items subject of theft - a floodlight and a blow mound - were very large and required carriage by motor vehicle and loading by forklift. Secondly, it contended that although the court had awarded six months' salary compensation for unlawful and unfair termination, the computation applied eight months' salary. The court agreed on the second ground: since the judgment expressly awarded six months' salary but calculated eight months, this was an error apparent on the face of the record. The compensation was recalculated, giving total awards of Kshs 130,054.00 for Bildad Kimani Njeri and Kshs 85,116.00 for Stephen Omondi Meda. On the first ground, the court found the suit had proceeded on pleadings, documents and written submissions; it had relied on the claimant's uncontroverted submissions, which the respondent failed to rebut in its final submissions despite being served. There was thus no basis for reviewing the finding of fact. The review was allowed only to correct the computational error, awards to carry interest at court rates from the date of judgment until payment in full, and the respondent to pay the costs of the suit but not of the review application.

Key legal issues

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01

Whether the discrepancy between the awarded six months' compensation and the eight-month computation constituted an error apparent on the face of the record

Holding

Yes - the computation was reviewed and corrected so that the compensation reflects six months' salary for each grievant

Reasoning

The judgment had expressly awarded six months' salary compensation for unlawful and unfair termination, but the calculation applied eight months. Since the stated award and the arithmetic did not match, the discrepancy was an error apparent on the face of the record, warranting correction under the review jurisdiction under rules 27 and 32 of the ELRC (Procedure) Rules 2010. The court recalculated each grievant's award accordingly.

p. 1
02

Whether the finding that the blow mound machine was a large item carried by vehicle and loaded by forklift should be reviewed

Holding

No - the finding of fact stands

Reasoning

The suit had proceeded on the pleadings, documents and written submissions. The court had relied on the claimant's uncontroverted submissions to find the blow mound was not a small item. The respondent, though served, did not reply to those assertions in its final written submissions. In the absence of any rebuttal or basis shown, the court declined to review its own finding of fact.

p. 2

Legal principles established

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  • A court on review may correct an error apparent on the face of the record where the award stated in the judgment differs from the computation in the judgment itself
  • A finding of fact based on uncontroverted and unchallenged submissions is not a proper ground for review

Court orders

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  1. 1.The application for review is allowed to correct the error on the face of the record in computing compensation
  2. 2.Total award to Bildad Kimani Njeri is Kshs 130,054.00
  3. 3.Total award to Stephen Omondi Meda is Kshs 85,116.00
  4. 4.The awards are payable with interest at court rates from 18th March 2015 (date of judgment) till payment in full
  5. 5.The respondent to pay costs of the suit excluding costs for this application

Authorities

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Legislation

  • Employment and Labour Relations Court (Procedure) Rules 2010Rules 27 and 32
Jurisdiction invoked
Rules 27 and 32 of the Employment and Labour Relations Court (Procedure) Rules 2010 (review jurisdiction)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Union of Commercial Food and Allied Workers v Sanpack Africa Limited [2016] KEELRC 629 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/629/eng@2016-09-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.