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ELRCOtherCause No. 1663 of 2017· [2019] KEELRC 426 (KLR)

Jane Njoki Munyua v Postal Corporation of Kenya [2019] KEELRC 426 (KLR)

Employment and Labour Relations Court of Kenya at Nairobi
1 November 2019
RSRadido Stephen
133 words in judgment
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The bottom line

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A Kenyan court corrected a typing mistake in its judgment, doubling a worker's discrimination award to Kshs 1,000,000 after she simply wrote in to point it out.

What this practically means

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Executive summary

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This is a short corrective ruling of the Employment and Labour Relations Court at Nairobi in Cause No. 1663 of 2017, Jane Njoki Munyua v Postal Corporation of Kenya. By a letter dated 17 October 2019 addressed to the Deputy Registrar and copied to the Respondent's advocate, the Claimant drew the Court's attention to a discrepancy between paragraph 59 of the judgment, where the Court had assessed damages for discrimination at Kshs 1,000,000, and paragraph 62(d) of the final orders, where only Kshs 500,000 was awarded for discrimination. Radido Stephen J found that the discrepancy arose from a typographical error. The Court corrected paragraph 62(d) to read Kshs 1,000,000 as the award for discrimination, and the correction had the effect of amending the total award to Kshs 1,501,915. The ruling was amended and signed in Nairobi on 1 November 2019. No authorities are cited and no costs order is stated in the correction. The document is not a full judgment on the merits but a ministerial exercise of the Court's power to correct clerical errors so that its orders reflect the damages actually assessed.

Key legal issues

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Correction of typographical error in judgment

Holding

The Court corrected the order awarding Kshs 500,000 for discrimination to conform to the assessed damages of Kshs 1,000,000, raising the total award to Kshs 1,501,915

Reasoning

The Claimant alerted the Court, by letter of 17 October 2019 copied to the Respondent's advocate, to a discrepancy between paragraph 59 (assessment of Kshs 1,000,000 for discrimination) and paragraph 62(d) (award of Kshs 500,000). The Court found the discrepancy was a typographical error and corrected the order accordingly.

p. 2

Legal principles established

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  • A typographical discrepancy between the court's assessment of damages and the decretal order may be corrected by the court so that the order reflects the assessment actually made

Court orders

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  1. 1.Correction of paragraph 62(d) of the judgment to read Kshs 1,000,000/- instead of Kshs 500,000/- for discrimination
  2. 2.Amendment of the total award to read Kshs 1,501,915/-
Jurisdiction invoked
Inherent power of the court to correct clerical/typographical errors in its own judgment

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, "Jane Njoki Munyua v Postal Corporation of Kenya [2019] KEELRC 426 (KLR)", Case Analysis (2019). Cause No. 1663 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/426/eng@2019-11-01

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