Bernard Okello Ooko v Mbagathi View Academy [2020] KEELRC 221 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Court can suo moto rectify arithmetical and clerical errors in its own judgment
Yes. Rule 34 of the Employment and Labour Relations Court (Procedure) Rules, 2016 empowers the Court, on its own motion or at the parties' request, to rectify clerical mistakes, incidental errors or omissions and to notify the parties.
The judge noted that in the judgment of 20.1.2020 he had granted 8 months' salary as compensation and leave for 8 years, but miscalculated the compensation as Kshs. 72,000 instead of Kshs. 96,000 and recorded leave as 7753.46 instead of Kshs. 77,538.46. Relying on Rule 34, he exercised the mandate and rectified paragraph 17, raising the total award from Kshs. 161,538.46 to Kshs. 185,538.46.
Whether a review application premised on a non-existent judgment can succeed
No. The application was misconceived because it sought review of a judgment by Radido J dated 28.2.2020 which does not exist.
The claimant's motion sought review of a judgment allegedly delivered on 28.2.2020 by Radido J. The judge found no such judgment existed; the only relevant judgment was his own of 20.1.2020. The respondent did not oppose, but the court found the application misconceived and dismissed it, though the motion drew attention to the genuine clerical errors which the court then rectified suo moto.
Legal principles established
#- Under Rule 34 of the ELRC (Procedure) Rules, 2016, the Court may rectify clerical mistakes, incidental errors or omissions in its judgment either at the request of the parties or on its own motion, and must notify the parties of such rectification.
Court orders
#- 1.The Notice of Motion dated 24.7.2019 seeking review is dismissed with no costs
- 2.The Court suo moto rectified the arithmetical and clerical errors in paragraph 17 of the judgment dated 20.1.2020, correcting the compensation award to Kshs. 96,000 and the leave award to Kshs. 77,538.46, bringing the total award to 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.The rest of the judgment dated 20.1.2020 remains as before
- 4.The Deputy Registrar is directed to formally notify the parties of the rectification of the judgment
- Jurisdiction invoked
- Rule 34 of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bernard Okello Ooko v Mbagathi View Academy [2020] KEELRC 221 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/221/eng@2020-11-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.