Justus Mbaya v Rivatex East Africa Ltd [2016] KEELRC 1797 (KLR)
The bottom line
#A Kenyan court restored money wrongly deducted from a worker's unfair termination award and ordered the employer to issue the legally required Certificate of Service.
What this practically means
#Executive summary
#Key legal issues
#Review of judgment under rule 32 of the Industrial Court (Procedure) Rules, 2010
The test for review on sufficient reasons was satisfied on the evidence annexed to the motion.
The Claimant annexed a statement from Moi University Pension Scheme and a bank statement showing that the Kshs 88,190/- deducted from the judgment sum was a pension payment, not a payment by the Respondent. The Respondent was served but neither filed a response nor appeared at the hearing. In the absence of any contrary explanation, the court accepted the Claimant's evidence and reviewed the judgment to restore the deducted sum.
Entitlement to a Certificate of Service
The Certificate of Service is a statutory right of the employee; the Respondent was directed to issue it within 7 days or risk condemnation for unfair labour practice.
The original judgment had ordered issuance of a Certificate of Service, which the Respondent had not complied with. The court reiterated the statutory character of the entitlement and gave a compliance deadline of seven days from service of the orders, with a warning of possible findings of unfair labour practice for non-compliance.
Legal principles established
#- A Certificate of Service is a statutory right of an employee and failure to issue it risks a finding of unfair labour practice.
- Review of judgment lies on sufficient reasons as provided in rule 32 of the Industrial Court (Procedure) Rules, 2010.
Court orders
#- 1.The judgment of 13 June 2014 is reviewed with an order that the Respondent pays forthwith to the Claimant the sum of Kshs 88,190/-
- 2.The Respondent to issue the Certificate of Service within 7 days of service of the orders
- 3.No order as to costs
- Jurisdiction invoked
- rule 32 of the Industrial Court (Procedure) Rules, 2010 (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Justus Mbaya v Rivatex East Africa Ltd [2016] KEELRC 1797 (KLR)", Case Analysis (2016). not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1797/eng@2016-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.