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ELRCAllowedCause No. 96 of 2017· [2019] KEELRC 2342 (KLR)

Agapetus Nyongesa v Board of Management Bungoma High School [2019] KEELRC 2342 (KLR)

Employment & Labour Relations Court
1 February 2019
MNM. N. Nduma
162 words in judgment
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The bottom line

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A Kenyan employment court finalized a worker's award at over Kshs 787,000, including back-pay for untaken leave, overtime and public holidays worked over three years.

What this practically means

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Executive summary

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This is a short ruling on computation delivered by M. N. Nduma, Judge, in the Employment and Labour Relations Court at Bungoma in Cause No. 96 of 2017. It follows the court's judgment delivered on 2 March 2018 and a ruling on an application for review delivered on 27 July 2018 in the unfair termination claim by Agapetus Nyongesa against the Board of Management of Bungoma High School. The court adopted the claimant's computation on leave pay, overtime, rest days and public holidays covering a period of three years and awarded the claimant an additional sum of Kshs 479,134.98. The ruling restates the total judgment sum as Kshs 137,160 in compensation, Kshs 11,430 in lieu of notice, Kshs 160,020 in service gratuity and Kshs 479,134.50 in respect of leave pay and overtime for working days and public holidays, giving a total judgment sum of Kshs 787,744.90 together with costs of the suit. The order was dated, signed and delivered at Bungoma on 1 February 2019, with Mr. Were appearing for the claimant and Chrispo as court assistant. No new issues of law were determined; the ruling is purely consequential and quantifies the award. Note a minor arithmetical discrepancy between the stated additional award and the itemised figures.

Key legal issues

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Quantification of the claimant's entitlements following judgment and review

Holding

The court adopted the computation of leave pay, overtime, rest days and public holidays for three years, adding Kshs 479,134.98 to the previously awarded sums, for a total of Kshs 787,744.90 plus costs.

Reasoning

The ruling is a consequential computation following the judgment of 2 March 2018 and the review ruling of 27 July 2018. The court accepted the computation covering leave pay, overtime for working days and public holidays over a three-year period, aggregated it with the compensation, pay in lieu of notice and service gratuity already awarded, and stated a single total judgment sum with costs.

p. 2

Legal principles established

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  • Where a court has found in favour of a claimant and a computation of quantified heads of award (leave pay, overtime, rest days and public holidays) is placed before it, the court may adopt the computation and incorporate it into the judgment sum.

Court orders

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  1. 1.Adoption of the computation on Leave pay, Overtime, Restdays and Public Holidays for a period of 3 years
  2. 2.Award of an additional sum of Kshs 479,134.98 to the claimant
  3. 3.Total judgment sum of Kshs 787,744.90 comprising Kshs 137,160 in compensation, Kshs 11,430 in lieu of notice, Kshs 160,020 service gratuity and Kshs 479,134.50 in respect of leave pay and overtime for working days and public holidays
  4. 4.Costs of the suit awarded to the claimant
Jurisdiction invoked
Original employment and labour relations jurisdiction of the Employment and Labour Relations Court, following the judgment delivered on 2.3.2018 and the ruling on review delivered on 27.7.2018

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, "Agapetus Nyongesa v Board of Management Bungoma High School [2019] KEELRC 2342 (KLR)", Case Analysis (2019). Cause No. 96 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2342/eng@2019-02-01

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