Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowednot stated in extract· [2016] KEELRC 1797 (KLR)

Justus Mbaya v Rivatex East Africa Ltd [2016] KEELRC 1797 (KLR)

Industrial Court of Kenya (Employment and Labour Relations Court)
22 January 2016
319 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

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

#
This is a ruling on a motion for review filed on 21 October 2015 in an unfair termination suit in which judgment had been delivered on 13 June 2014. The original judgment declared the Claimant's termination unfair and awarded Kshs 267,800/- less Kshs 88,000/- the Claimant was found to have admitted receiving. The Claimant sought review to compel the Respondent to repay Kshs 88,190/- deducted from the judgment sum, and to obtain a Certificate of Service. The motion was served but the Respondent neither filed a response nor appeared at the hearing, being represented on record by Kalya & Co. Advocates. The Claimant annexed a statement from the Moi University Pension Scheme and a bank statement demonstrating that the Kshs 88,190/- was a payment from the pension scheme and not from the Respondent. The court, per Radido Stephen Judge, sitting in Nakuru, was satisfied that the Claimant had met the test for review on sufficient reasons under rule 32 of the Industrial Court (Procedure) Rules, 2010, and reviewed the judgment, ordering the Respondent to pay the Kshs 88,190/- forthwith. The court further noted the Respondent's failure to issue the Certificate of Service, describing it as a statutory right of an employee, and ordered its issuance within 7 days of service of the orders, warning that non-compliance risked condemnation for unfair labour practice. There was no order as to costs. The ruling was delivered, dated and signed on 22 January 2016.

Key legal issues

#
01

Review of judgment under rule 32 of the Industrial Court (Procedure) Rules, 2010

Holding

The test for review on sufficient reasons was satisfied on the evidence annexed to the motion.

Reasoning

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.

p. 2
02

Entitlement to a Certificate of Service

Holding

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.

Reasoning

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.

p. 2

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. 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. 2.The Respondent to issue the Certificate of Service within 7 days of service of the orders
  3. 3.No order as to costs

Authorities

#

Legislation

  • Industrial Court (Procedure) Rules, 2010rule 32
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.