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ELRCPartially AllowedNot stated in judgment· [2020] KEELRC 204 (KLR)

Bernard Okello Ooko v Mbagathi View Academy [2020] KEELRC 204 (KLR)

Employment and Labour Relations Court
23 November 2020
OMONESMUS N MAKAU
497 words in judgment
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The bottom line

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Kenya's Employment Court corrected calculation errors in its own judgment, raising a worker's award to Kshs. 185,538.46 without needing a formal review application.

What this practically means

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Executive summary

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This ruling of the Employment and Labour Relations Court at Nairobi, delivered by Onesmus N Makau J on 23 November 2020, dealt with two matters arising from a judgment of 20 January 2020 in which the claimant was awarded damages totalling Kshs. 161,538.46 for unfair termination. First, the claimant had filed a Notice of Motion dated 24 July 2019 seeking review of a judgment purportedly entered on 28 February 2020 by Radido J, on the ground that the court had miscalculated the compensation and leave awards. The respondent did not oppose the application. The court found the application misconceived because it sought review of a non-existent judgment by Radido J, and dismissed it with no costs. Second, the application drew the court's attention to its own arithmetical and clerical errors in paragraph 17 of the 20 January 2020 judgment: compensation for 8 months' salary (at Kshs. 12,000) had been computed as Kshs. 72,000 instead of Kshs. 96,000, and the leave award was recorded as 7753.46 instead of Kshs. 77,538.46. Relying on Rule 34 of the Employment and Labour Relations Court (Procedure) Rules, 2016, which permits the court to rectify clerical mistakes, incidental errors or omissions either at the parties' request or on its own motion, the court suo moto rectified paragraph 17, raising the total award to Kshs. 185,538.46, directed the Deputy Registrar to notify the parties, and left the rest of the judgment intact. The judgment was delivered online pursuant to Covid-19 directives, with the parties waiving Rule 28(3).

Key legal issues

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01

Power of the Court to rectify clerical and arithmetical errors in its own judgment suo moto

Holding

The Court may, on its own motion or at the request of parties, rectify any clerical mistake, incidental error or omission in its judgment and must notify the parties.

Reasoning

Rule 34 of the ELRC (Procedure) Rules, 2016 expressly empowers the Court to cause rectification of clerical mistakes, incidental errors or omissions either at the request of the parties or on its own motion, with notification to the parties. Having identified that compensation for 8 months' salary had been computed as Kshs. 72,000 instead of Kshs. 96,000 and leave recorded as 7753.46 instead of Kshs. 77,538.46, the court exercised this power to correct paragraph 17 of the judgment.

p. 1

Legal principles established

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    Court orders

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    1. 1.Dismissal of the Notice of Motion dated 24.7.2019 with no costs
    2. 2.Rectification of the arithmetical and clerical errors in paragraph 17 of the judgment dated 20.1.2020 so the total award reads Kshs. 185,538.46 (Notice Kshs. 12,000; Compensation 8 x Kshs. 12,000 = Kshs. 96,000; Leave 21/26 x 8 x Kshs. 12,000 = Kshs. 77,538.46)
    3. 3.The rest of the judgment of 20.1.2020 to remain as before
    4. 4.The Deputy Registrar directed to formally notify the parties of the rectification

    Authorities

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    Legislation

    • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 34
    • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 28(3)
    Jurisdiction invoked
    Rule 34 of the Employment and Labour Relations Court (Procedure) Rules, 2016

    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, "Bernard Okello Ooko v Mbagathi View Academy [2020] KEELRC 204 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/204/eng@2020-11-23

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