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ELRCAllowedWinam SRMCC No. 196 of 2007 (Review)· [2018] KEELRC 1163 (KLR)

Dorine Mbai & 39 others v Lake Basin Development Authority [2018] KEELRC 1163 (KLR)

Employment and Labour Relations Court
20 September 2018
MNMathews N. Nduma
502 words in judgment
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The bottom line

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Kenya's Employment Court ruled that retrenched Lake Basin Development Authority workers are entitled to benefits calculated per earlier High Court decisions.

What this practically means

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Executive summary

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This is a ruling on an application invoking the court's supervisory/review powers in a retrenchment benefits dispute against Lake Basin Development Authority arising from Winam SRMCC No. 196 of 2007. The applicants sought review of the magistrate's decision of 16th October 2008 and entry of judgment severally in a list of cases in accordance with the decision in Kisumu CMCC No. 122 of 2007, Paul Owino Ramoli v Lake Basin Development Authority. The court noted that liability was not in issue, having been determined by Warsame J in Kisumu HCCC No. 15 of 2004, Titus Korir Komen v Lake Basin Development Authority, where it was decreed that the retrenchment and computation of benefits did not comply with the regulations and guidelines for implementing staff retrenchment, including the circular of the Permanent Secretary, Office of the President. That decision was followed by Nambuye J, and the presiding judge had recently given a declaratory ruling on the same issue to avoid conflicting magistrates' decisions. The respondent's objections were found without merit. The court held that the unappealed High Court decisions remained good law and bound all magistrates' courts on the quantum of retrenchment packages. The application was allowed as prayed: the 2008 decision was reviewed/set aside and judgment was entered severally in the listed cases in accordance with the Ramoli decision. Each party was ordered to bear its own costs. Ruling delivered on 20th September 2018 by Mathews N. Nduma J.

Key legal issues

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01

Whether liability and quantum of retrenchment benefits were settled by prior High Court decisions

Holding

Liability was settled in Titus Korir Komen v Lake Basin Development Authority (Warsame J) and followed by Nambuye J; the applicable quantum is that in Paul Owino Ramoli v Lake Basin Development Authority.

Reasoning

The court found liability was not in issue, having been decreed by Warsame J in Kisumu HCCC No. 15 of 2004, and that decision was followed by Nambuye J. The court had itself recently given a declaratory ruling to guide all pending matters and avoid conflicting decisions by magistrates contrary to High Court determinations. The respondent's objections in the replying affidavit and submissions were found without merit.

p. 2

Legal principles established

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  • Unappealed High Court decisions on the quantum of retrenchment packages bind magistrates' courts.

Court orders

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  1. 1.The application for review is allowed as prayed
  2. 2.The decision made on 16th October 2008 in Winam SRMCC No. 196 of 2007 is reviewed/set aside
  3. 3.Judgment entered severally in each of the listed cases in accordance with the decision in Kisumu CMCC No. 122 of 2007; Paul Owino Ramoli v Lake Basin Development Authority, following the High Court decision in Kisumu HCCC No. 15 of 2004, Titus Korir Komen v Lake Basin Development Authority

Authorities

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Cases cited (2)

  • Titus Korir Komen v Lake Basin Development Authority
    [2011] eKLR (Kisumu HCCC No. 15 of 2004)
  • Paul Owino Ramoli v Lake Basin Development Authority
    Kisumu CMCC No. 122 of 2007
Jurisdiction invoked
Supervisory powers of the court (review/set aside of subordinate court decision)

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, "Dorine Mbai & 39 others v Lake Basin Development Authority [2018] KEELRC 1163 (KLR)", Case Analysis (2018). Winam SRMCC No. 196 of 2007 (Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1163/eng@2018-09-20

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