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ELRCAllowedKisumu Chief Magistrate Court Employment Cause No. 408 of 2019· [2021] KEELRC 2008 (KLR)

Kenya Union of Commercial Food and Allied Workers & another v Choppies Enterprises Kenya Limited & 3 others [2021] KEELRC 2008 (KLR)

Employment and Labour Relations Court
5 March 2021
MOMaureen Onyango
474 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court confirmed 22 workers' Kshs. 751,617 award, insisting the money be calculated exactly as the earlier judgment promised.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court on the drafting/quantification of awards following a judgment delivered on 13th November 2020, in which the court found that the second set of claimants - claimants in Kisumu Chief Magistrate Court Employment Cause No. 408 of 2019 - were entitled to a soap allowance of Kshs. 100 per month, the difference between basic and gross pay in respect of notice pay and severance pay, and refund of unlawful deductions. The parties filed rival tabulations of the amounts due. The Respondent's tabulation was based on consolidated pay (basic pay plus house allowance), yet the judgment referred to gross pay, and it also excluded the refund of unlawful deductions. The 2nd Claimant's tabulation included all items awarded in the judgment. The court, Maureen Onyango J, found the 2nd Claimant's tabulation to be the correct one and adopted it, awarding each of the 22 named claimants individual sums totalling Kshs. 751,617.37/=. Judgment was accordingly entered for the 2nd Claimant in that sum. The judgment was dated, signed and delivered at Nairobi on 5th March 2021, with a preliminary order noting delivery via video conferencing or email pursuant to the Chief Justice's COVID-19 directions, guided by Article 159(2)(d) and Article 48 of the Constitution and Section 1B of the Civil Procedure Act. No costs order is recorded.

Key legal issues

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01

Correct computation of the decretal amount following the judgment of 13th November 2020

Holding

The 2nd Claimant's tabulation was adopted as the correct computation, yielding Kshs. 751,617.37/= for the 22 claimants

Reasoning

The Respondent's tabulation was based on consolidated pay (basic plus house allowance) although the judgment referred to gross pay, and it omitted the refund of unlawful deductions. The 2nd Claimant's tabulation captured all items awarded in the judgment - soap allowance, differences in respect of notice pay and severance pay, and refund of unlawful deductions - and was therefore the accurate computation.

p. 1

Legal principles established

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  • Where a judgment awards gross pay rather than consolidated pay, quantum must be computed on gross pay and must include any refunds of unlawful deductions awarded

Court orders

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  1. 1.The 2nd Claimant's tabulation of the awards is adopted as the correct computation
  2. 2.Judgment entered for the 2nd Claimant in the sum of Kshs. 751,617.37/= on account of soap allowance, difference between basic and gross pay in respect of notice pay and severance pay, and refund of unlawful deductions
  3. 3.Individual awards to each of the 22 claimants as tabulated (Stephen Juma Wangira Kshs. 33,296.34 through Jacob Obanda Kshs. 29,690.93)

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B
Jurisdiction invoked
Employment and labour relations jurisdiction; the judgment is a ruling on the drafting/quantification of a judgment delivered on 13th November 2020

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, "Kenya Union of Commercial Food and Allied Workers & another v Choppies Enterprises Kenya Limited & 3 others [2021] KEELRC 2008 (KLR)", Case Analysis (2021). Kisumu Chief Magistrate Court Employment Cause No. 408 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/2008/eng@2021-03-05

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