Johh Elego &103; others v Press Master Limited [2020] KEELRC 444 (KLR)
The bottom line
#A Nairobi employment court fixed the exact payout at Kshs. 16.4 million for 85 former workers, but refused to reopen earlier rulings on matters not properly before it.
What this practically means
#Executive summary
#Key legal issues
#Adoption of competing tabulations of the decretal sum
The court adopted the claimants' tabulation on gratuity (excluding the 19 claimants who had left the company) and the respondent's tabulation on all other heads, producing a final award of Kshs. 16,424,119.28.
The court considered the parties' submissions and applied its own directions in the ruling of 20th December 2019, which required gratuity to be computed on 15 days' basic salary per year of service reckoned from actual continuous service, and confirmed that 19 claimants who had left the company were not entitled to compensation. Having scrutinised both computations, it selected each party's tabulation only on the heads where it complied with the directions.
Scope of the court's determination at this stage
The court declined to entertain the claimants' request for review of the 20th December 2019 ruling and the respondent's attempt to revive its stay application, as both were outside the matter before it.
Counsel for both parties in submissions sought prayers outside the narrow issue of the tabulation. The claimants sought a review of the ruling of 20th December 2019 and the respondent sought to revive its application for stay of execution dated 28th January 2019. The court held that these submissions related to matters not before it, and therefore made no determination on them, confining itself to adopting the tabulations.
Legal principles established
#- A court disposing of a tabulation dispute confines itself to the directions previously issued and will not determine matters not placed before it.
Court orders
#- 1.The tabulation on gratuity is adopted as per claimants' tabulations with the exclusion of the 19 claimants
- 2.The tabulation of the respondent is adopted on all other items, that is to say notice, increment, transport/travelling allowance, bus fare, house allowance and 4 months' compensation
- 3.Final award of Kshs. 16,424,119.28 made up of gratuity Kshs. 6,269,639.38; notice Kshs. 2,105,112.00; increment Kshs. 732,443.90; travelling/transport allowance Kshs. 121,200.00; 4 months' pay Kshs. 4,867,524.00; bus fare Kshs. 1,656,250.00; house allowance Kshs. 671,950.00
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over employment Cause No. 468 of 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Johh Elego &103; others v Press Master Limited [2020] KEELRC 444 (KLR)", Case Analysis (2020). Cause No. 468 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/444/eng@2020-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.