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ELRCPartially AllowedCause No. 79 of 2002 (Consolidated with Petition No. 34 of 2012)· [2018] KEELRC 1846 (KLR)
Kenya Engineering Workers Union v Nalin Nails Works Limited (In receivership) [2018] KEELRC 1846 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan employment court awarded a union over Kshs. 18 million in terminal dues because the employer couldn't show how its lower figure was calculated.
What this practically means
#Executive summary
#This ruling of the Employment and Labour Relations Court at Nairobi (Hellen S. Wasilwa J, 30 May 2018) in Cause No. 79 of 2002, consolidated with Petition No. 34 of 2012, dealt with a Notice of Motion by the Kenya Engineering Workers Union seeking adoption of its tabulation of terminal dues payable under an award made by the Industrial Court on 27th August 2004 in favour of its members (grievants). The Claimant sought adoption of a computation totalling Kshs. 18,012,032.84, issuance of a decree for that sum, and costs. The Respondent, Nalin Nails Works Limited (in receivership), through the affidavit of Tom Okoth Ogola, explained that receiver managers appointed on 21st September 1999 had finalised the receivership, the company's assets were sold and distributions made, and proposed a computation of Kshs. 6,640,281.28 on the basis that the company no longer existed. In reply, the Claimant maintained that computation should follow the Court award and the registered Collective Bargaining Agreement. The court framed the issue purely as one of calculating the decretal sum, noting that the 2004 judgment had set out parameters for computation without figures. Finding that the Respondent had not demonstrated how it arrived at its figure while the Applicants had explained theirs, the court held that its duty was to confirm, not redo, the judgment by attaching figures to it. Judgment was entered for the Claimant in the sum of Kshs. 18,012,038.84, with costs to the Claimants/Applicants.
Key legal issues
#01
Computation of the decretal sum under the award of 27th August 2004
Holding
The Claimant's tabulation of Kshs. 18,012,038.84 was adopted and judgment entered accordingly.
Reasoning
The judgment under Justice Murtaza Jaffer had failed to include figures but indicated parameters for computation. The Respondent did not demonstrate how it arrived at its figure of Kshs. 6,640,281.28, while the Applicants set out how their figure was derived. The court therefore accepted the Applicants' computation and entered judgment per that tabulation.
p. 2
Legal principles established
#- Where a judgment sets out parameters for computation of figures, the Court's task on tabulation is to attach figures to the judgment, not to redo it.
Court orders
#- 1.Adoption of the Claimant/Applicants' tabulations and entry of judgment for Kshs. 18,012,038.84 against the Respondents
- 2.Costs of the application awarded to the Claimants/Applicants
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a cause pending before it, exercised in furtherance of the Court's judgment/award of 27th August 2004
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Nalin Nails Works Limited (In receivership) [2018] KEELRC 1846 (KLR)", Case Analysis (2018). Cause No. 79 of 2002 (Consolidated with Petition No. 34 of 2012). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1846/eng@2018-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.