Gilbert Kambuni Ongeri v Kenyatta National Hospital Board [2018] KEELRC 82 (KLR)
The bottom line
#A Kenyan employment court ruled that proved unpaid salary, leave and notice pay earn interest from filing suit, but general damages only from judgment.
What this practically means
#Executive summary
#Key legal issues
#Distinction between special and general damages for purposes of awarding interest
Special damages proved with documentary evidence attract interest from the date of filing of the suit; general damages attract interest from the date of judgment
The court relied on the authority of Dipak Emporium vs. Bond's Clothing as cited by Odunga J, which rests on section 26(1) of the Civil Procedure Act. Where a claimant is entitled to a liquidated amount deprived through the wrongful act of another, interest runs from the date of filing suit; where damages must be assessed by the court, the right to them arises only upon assessment, so interest runs from judgment. The items of notice pay, unpaid salaries, allowances and leave days were pleaded and proved with documentation, making them special damages, while damages for defamation and unlawful dismissal required assessment by the court.
Legal principles established
#- Special damages must be both pleaded and strictly proved, usually by documentary evidence, and where so proved, interest on them accrues from the date of filing of the suit; interest on general damages accrues from the date of judgment
Court orders
#- 1.Review of the judgment succeeds in part: interest on items 1 to 3 awarded to the Claimant to run from the date of filing of the claim
- 2.Interest on the damages awarded (defamation and unlawful dismissal) to remain at court rates with effect from the date of the judgment
- 3.No order as to costs on the application
- Jurisdiction invoked
- Section 26(1) of the Civil Procedure Act (Cap 5) - court's power to award interest; inherent review jurisdiction of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gilbert Kambuni Ongeri v Kenyatta National Hospital Board [2018] KEELRC 82 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/82/eng@2018-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.