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ELRCPartially AllowedNot stated in judgment· [2023] KEELRC 3148 (KLR)

Kenya Union of Clinical Officers & 76 others v County Government of Vihiga (Cause 32 of 2021) [2023] KEELRC 3148 (KLR)

Employment and Labour Relations Court
30 November 2023
JKJemimah Keli
834 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kakamega court computed salary arrears itself after the parties failed to agree, awarding 68 former employees mostly 20 months' pay.

What this practically means

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Executive summary

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Following the court's judgment of 26th May 2023, the parties were directed to file an agreement on payable salary arrears but failed to agree, each filing their own computation. The Respondent withdrew an initial computation for 64 persons and substituted one for only 33 persons, stating it lacked records for 36 claimants. The court accordingly proceeded to compute the arrears itself. It relied on the evidence of CW1, CW2 and CW3. CW2, a test claimant, had established 20 months of salary arrears, and the court adopted that position to bind all claimants with claims of 20 months and above, finding they were employed at the same period with similar circumstances. Claimants with claims of less than 20 months were taken as stated, having either resigned or transferred. On the applicable gross salary, the court noted a discrepancy between the parties' computations (Kshs. 81,780/- versus Kshs. 23,780/-) and applied the Claimant's figure of Kshs. 81,780/- per month, which the Respondent had not challenged at the hearing. The court awarded salary arrears to 68 of the 69 listed claimants, most at 20 months' pay, with Georgiadis Wafula Mukwana, Evans Oduory Owino and Millicent Obindi at 8 months, Nancy Amadi at 6 months and Ronoh Benard at 14 months. No award was made to the deceased claimant. All amounts were made subject to statutory deductions. Judgment was delivered at Kakamega on 30th November 2023.

Key legal issues

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01

Duration of salary arrears payable

Holding

The court adopted 20 months as the standard period of arrears based on the test claimant's evidence, with shorter periods for claimants who resigned, transferred or left

Reasoning

CW2, a test claimant, gave evidence on salary arrears which the court found established 20 months of arrears. Since most claimants were employed at the same period with similar circumstances, the court found it more probable their arrears were also 20 months, while claimants claiming less had resigned or transferred and their claims were taken as stated.

p. 1
02

Applicable gross salary for computation

Holding

The court applied the gross salary of Kshs. 81,780/= as presented in the Claimant's schedule, which the Respondent did not challenge at the hearing

Reasoning

The parties' computations disclosed a discrepancy in gross salary (Kshs. 81,780/= versus Kshs. 23,780/=). The court noted the Respondent did not challenge the Claimant's schedule at the hearing and therefore applied the Claimant's figure in computing the awards.

p. 2

Legal principles established

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  • Where parties fail to agree on quantification of salary arrears following judgment, the court may itself compute and award the arrears
  • Evidence of a test claimant on salary arrears may bind other claimants employed at the same period with similar circumstances

Court orders

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  1. 1.Award of salary arrears to 68 Claimants as computed in the final orders list (mostly 20 months at Kshs. 81,780/= per month, with varied periods for Georgiadis Wafula Mukwana, Evans Oduory Owino, Millicent Obindi, Nancy Amadi and Ronoh Benard)
  2. 2.All amounts payable subject to statutory deductions
  3. 3.No award to the deceased claimant (Elma Mukhanji Shitsukhane)
Jurisdiction invoked
Not stated; original employment and labour relations jurisdiction

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 Clinical Officers & 76 others v County Government of Vihiga (Cause 32 of 2021) [2023] KEELRC 3148 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3148/eng@2023-11-30

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