Mutisya v Machakos County Assembly Service Board (Cause 4 of 2018) (21 June 2023) (Quantum Judgment) [2023] KEELRC 1553 (KLR)
The bottom line
#Machakos County Assembly workers won fixed payouts of up to Kshs 287,500 each for unpaid salaries, leave, gratuity, and notice pay.
What this practically means
#Executive summary
#Key legal issues
#Computation of the decretal sum following the judgment of October 14, 2022
The court quantified awards per claimant cluster: Kshs 195,500 for cluster A, Kshs 287,500 for cluster B, Kshs 149,500 for cluster C, and named individual awards for cluster D, comprising salary arrears, leave earned and not taken, gratuity for unpaid months and one month's salary in lieu of notice.
The principal judgment had already determined liability and the heads of award, directing parties to compute the decretal sum. Only the claimants filed submissions on quantum; the respondent filed none despite directions. The court considered the claimants' computation against the judgment and adopted the tabulated figures, adding interest from the date of judgment.
Entitlement to gratuity under the judgment
Gratuity was payable only for the months not paid by the respondent, namely November and December 2017 and January and February 2018.
In the principal judgment the court held gratuity applied only to the unpaid months, and this was carried through into the quantum table, where gratuity appears only for clusters A to C and certain individuals in cluster D, with nil awards for claimants not entitled to salary arrears or gratuity.
Costs where claims resolved through a test suit
The respondent was ordered to pay the claimants' costs, taking into account that the suits were resolved through a test suit.
Given the consolidated and representative nature of the claims, the court treated the claimants as having succeeded and awarded costs in their favour, noting the test-suit mechanism by which the many consolidated causes were resolved. The costs order in the quantum judgment simply restates and adopts the award made in the principal judgment.
Legal principles established
#- Where suits are resolved through a test suit, costs may be awarded to claimants taking that into account
- One month's salary in lieu of notice is awarded pursuant to section 49 of the Employment Act read with sections 35 and 36
Court orders
#- 1.Each claimant in cluster A is awarded Kshs 195,500
- 2.Each claimant in cluster B is awarded Kshs 287,500
- 3.Each claimant in cluster C is awarded Kshs 149,500
- 4.Each claimant in cluster D is awarded the amount against their name as tabulated in the table
- 5.Costs are as awarded in the judgment (claimants to be paid costs by the respondent)
- 6.Interest shall accrue from date of judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction under the Employment and Labour Relations Court Act over employment causes; quantum assessment directed in the judgment of October 14, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mutisya v Machakos County Assembly Service Board (Cause 4 of 2018) (21 June 2023) (Quantum Judgment) [2023] KEELRC 1553 (KLR)", Case Analysis (2023). Cause 4 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1553/eng@2023-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.