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ELRCPartially AllowedCause No. 39 of 2013 (Originally Nairobi Cause No. 751 of 2011)· [2022] KEELRC 747 (KLR)

Jared Omondi Ober & another v County Government of Homa Bay [2022] KEELRC 747 (KLR)

Employment and Labour Relations Court

23 February 2022

RSRadido Stephen

1,133 words in judgment

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The bottom line

A court threw out a labour officer's salary calculations that went beyond its judgment, collapsing a contempt case against Homa Bay County officials.

What this practically means

Executive summary

This ruling of the Employment and Labour Relations Court at Kisumu, delivered by Radido Stephen, Judge, on 23 February 2022, dealt with two competing motions arising from a judgment of 4 October 2018 in which the Claimants were awarded reinstatement-equivalent re-engagement, twelve months' salary for unlawful dismissal, salary for the suspension period beyond three months, interest and costs. The Claimants moved for contempt against three County Government of Homa Bay officers for disobeying orders of 3 June 2021, seeking warrants of arrest and committal to civil jail. The Respondent sought review and setting aside of the County Labour Officer's computation report, alleging error apparent on the face of the record and lack of participation. The Court held that the 3 June 2021 directions were anchored on the 2005 CBA, commencing 1 September 2005, yet the County Labour Officer computed salary arrears from January 2010 to June 2021 using the 2010 CBA, far exceeding the judgment's scope, which only awarded arrears for the suspension period. The Court therefore expunged the impugned computations and declined to adopt them as part of the judgment, observing that the contempt application may have been based on the erroneous computation, with the utility of that application to be addressed later. No costs order was made.

Key legal issues

Whether the County Labour Officer's report should be set aside

Holding

The report's salary arrears computations were set aside as they departed from the Court's directions

Reasoning

The Court had directed computation on the basis of the applicable CBA of 2005, which commenced on 1 September 2005. The County Labour Officer instead computed salary arrears from January 2010 to June 2021 using the 2010 CBA, going beyond the judgment's scope, since the judgment only awarded salary arrears for the suspension period less three months.

p. 2

Whether the contempt application survived

Holding

The contempt application was found to have been based on an erroneous computation

Reasoning

Since the salary arrears computation underpinning the alleged disobedience was itself ultra vires the Court's orders, the foundation of the contempt application fell away. The Court indicated the parties would later address the utility of the contempt application.

p. 3

Legal principles established

A person tasked with computing a decree must confine themselves to the parameters set by the court's judgment and orders

Court orders

1.The Court expunged from the record and declined to adopt as part of the judgment the County Labour Officer's computations at paragraph 5 of his report filed in Court on 29 June 2021

Jurisdiction invoked: Original employment and labour relations jurisdiction of the Employment and Labour Relations Court in Cause No. 39 of 2013

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Jared Omondi Ober & another v County Government of Homa Bay [2022] KEELRC 747 (KLR)", Case Analysis (2022). Cause No. 39 of 2013 (Originally Nairobi Cause No. 751 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/747/eng@2022-02-23

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