Mbukua v Water Services Trust Fund (Cause 1323 of 2017) [2024] KEELRC 2584 (KLR)
The bottom line
#A Kenyan employer still owes an ex-employee over Kshs 1.1 million despite claiming to have fully settled a court-ordered payment.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent has fully settled the decretal sum
The Respondent has not fully settled the decretal sum; the outstanding amount is Kshs.1,115,785.56/- exclusive of interest, subject to statutory deductions.
The judgment sum was Kshs.5,280,000 plus taxed costs of Kshs.311,838.30, totalling Kshs.5,591,838.30 exclusive of interest at 12% per annum. It was not disputed that the Respondent paid Kshs.2,447,671 on 23rd December, 2022 and Kshs.2,028,381.74 on 2nd April, 2024, totalling Kshs.4,476,052.74. Deducting these payments from the decretal sum leaves a balance of Kshs.1,115,785.56. The pre-judgment payment of Kshs.2,129,000 (or Kshs.3,144,166.75 gross) was held non-deductible in the ruling of 19th April, 2023.
Whether the pre-judgment payment was deductible from the decretal sum
Not deductible, as already determined by Justice Rika in the ruling of 19th April, 2023.
The Respondent asserted it had paid Kshs.3,144,166.75 less statutory deductions before judgment. Justice Rika had, in a ruling rendered on 19th April, 2023, held that the amount paid before judgment was not to be deducted from the judgment sum. The Court applied that ruling in computing the outstanding balance.
Legal principles established
#- A pre-judgment payment found not deductible from the award cannot be counted in settling the decretal sum; settlement of accounts is computed on the judgment sum plus taxed costs, with interest at 12% per annum.
Court orders
#- 1.A declaration that the Respondent has not fully settled the decretal sum
- 2.A finding that the outstanding amount due from the Respondent is Kshs.1,115,785.56/- exclusive of interest, subject to statutory deductions
- Jurisdiction invoked
- Original jurisdiction of the Employment and Labour Relations Court over settlement of accounts arising from a judgment of the same court (referenced judgment of Hon. Justice Rika of 27th May, 2022); no specific provision cited.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbukua v Water Services Trust Fund (Cause 1323 of 2017) [2024] KEELRC 2584 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2584/eng@2024-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.