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ELRCPartially AllowedCause 1503 of 2013· [2018] KEELRC 371 (KLR)

Alividza Katsa Georgianna & 3 others v Independent Electoral and Boundaries Commission [2018] KEELRC 371 (KLR)

Employment and Labour Relations Court
20 December 2018
MOMaureen Onyango
399 words in judgment
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The bottom line

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Four former IEBC staff won Kshs.1.3 million in unpaid leave pay after the Commission declared them permanent employees under Kenya's Employment Act.

What this practically means

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Executive summary

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This is a final judgment tabulating leave allowance in a first-instance employment cause brought by four claimants against the Independent Electoral and Boundaries Commission. The principal judgment, prepared by Justice Mathews N. Nderi and delivered on his behalf by Justice Maureen Onyango on 10 August 2018, declared the claimants permanent employees under Section 37(1) of the Employment Act, 2007, awarded each claimant a month's salary in lieu of leave days not taken for each completed year of service, ordered certificates of service for those who had left the respondent's employment, directed payment within 30 days with interest at court rates from the date of filing suit, and awarded the claimants the costs of the suit. At delivery, the court directed the parties to compute the leave days payable and fixed mention for confirmation. Only the claimants filed computations. The respondent failed to file its computation despite being granted 14 days, and again failed by 26 November and 3 December 2018. The court therefore confirmed the claimants' computation, entering final judgment as follows: Daniel Mathenge, Faith Wanjiku and Georgianna Alividza each at Kshs.358,858, and Samuel Machua at Kshs.252,932, totalling Kshs.1,329,506. Judgment was dated, signed and delivered at Nairobi on 20 December 2018.

Key legal issues

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01

Confirmation of quantum of pay in lieu of untaken leave

Holding

The court confirmed the claimants' computation of leave days after the respondent repeatedly failed to file its own computation despite being granted leave to do so.

Reasoning

The principal judgment delivered on 10 August 2018 on behalf of Justice Mathews N. Nderi declared the claimants permanent employees under Section 37(1) of the Employment Act and ordered payment in lieu of untaken leave. At mention, only the claimants computed the amounts. The respondent was granted 14 days but failed to file its computation by 26 November and 3 December 2018. With no competing computation, the court adopted the claimants' figures.

p. 1

Legal principles established

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  • Where a party fails to participate in computing leave days payable, the court may confirm the other party's computation.

Court orders

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  1. 1.The Claimants are declared permanent employees in terms of Section 37(1) of the Employment Act, 2007 from the date of employment in the respective positions they served the respondent
  2. 2.Each Claimant to be paid a month’s salary in lieu of leave days not taken for each completed year of service
  3. 3.The Claimants who have since left the employment of the respondent to be provided with certificates of service recognizing their employment in a permanent capacity for the period served
  4. 4.The payment to be computed and paid within 30 days of the judgment, with interest at court rates from date of filing suit till payment in full
  5. 5.The respondent to pay the costs of the suit
  6. 6.Final judgment on computation of leave days confirmed: Daniel Mathenge Kshs.358,858; Faith Wanjiku Kshs.358,858; Georgianna Alividza Kshs.358,858; Samuel Machua Kshs.252,932; total Kshs.1,329,506

Authorities

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Legislation

  • Employment ActSection 37(1)
Jurisdiction invoked
Employment and labour relations jurisdiction of the Employment and Labour Relations Court (Cause filed in ELRC); judgment also references Section 37(1) of the Employment Act, 2007

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, "Alividza Katsa Georgianna & 3 others v Independent Electoral and Boundaries Commission [2018] KEELRC 371 (KLR)", Case Analysis (2018). Cause 1503 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/371/eng@2018-12-20

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