Caroline Nyakerario v Seo & Son Limited; Cause No. 149 of 2017 – Samuel Wambugu Gitonga & 12 others [2020] KEELRC 945 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Application of the test case procedure to consolidated suits
The test suit judgment in Cause No. 156 of 2017 applies to all consolidated suits stayed pending its determination, and awards are to be assessed per claimant following the same heads of dues.
Rule 24 of the ELRC (Procedure) Rules, 2016 read with section 3 of the ELRC Act, 2011 empowers the court, where multiple parties sue the same respondent over a similar cause of action, to direct one suit to be tried as a test case. Cause No. 156 of 2017 was so identified, judgment was delivered on 14th February, 2019, and the court then assessed each claimant's dues applying the same heads: notice pay, annual leave, underpayment, house allowance and service pay.
Claims lacking particulars or evidence
Claims for work during public holidays and sick off days were rejected for want of particulars and evidence.
The court found that several claimants asserted entitlements for public holidays and sick off days without supplying particulars or supporting evidence, and those heads were accordingly disallowed in the respective causes.
Jurisdiction over workplace injury claims
Injury claims arising during employment must be pursued under the Work Injury Benefits Act, 2007 and cannot be determined by the court as workplace injury claims within these termination suits.
In Causes 163 and 164 the claimants alleged injuries (including electrocution) during employment. The court held there was no evidence supporting those claims and that, in any event, such injuries fall to be addressed under the Work Injury Benefits Act, 2007, as the court lacks original jurisdiction to determine them within these suits.
Legal principles established
#- Where multiple claimants sue the same respondent over a similar cause of action, the court may try one suit as a test case and apply its findings to the stayed suits.
- The findings in a test suit bind and apply to the other consolidated suits.
- Workplace injury claims fall under the Work Injury Benefits Act, 2007, outside the court's original jurisdiction to determine directly.
Court orders
#- 1.Judgment entered for each claimant against the respondent applying the test suit findings, with specific awards for notice pay, annual leave, house allowance, underpayment and service pay as particularised per cause
- 2.Costs awarded to the claimants in each cause
- 3.Claims for work during public holidays and sick off days rejected for want of particulars and evidence
- 4.Service pay disallowed where not due by reason of length of service
- 5.Workplace injury claims (Causes 163 and 164) directed to the Work Injury Benefits Act, 2007
- 6.Order delivered electronically to the parties via email pursuant to the COVID-19 directions of the Chief Justice of 15th March, 2020
- Jurisdiction invoked
- Employment and Labour Relations Court Act, 2011 (section 3) and Rule 24 of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Caroline Nyakerario v Seo & Son Limited; Cause No. 149 of 2017 – Samuel Wambugu Gitonga & 12 others [2020] KEELRC 945 (KLR)", Case Analysis (2020). ELRC Cause No. 156 of 2017 (and consolidated Causes Nos. 149-155, 157-159, 162-164 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/945/eng@2020-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.