AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherEmployment and Labour Relations Court judgment dated 27/7/2018 (Civil Appeal No. 121 of 2018 at Kisumu)· [2025] KEELRC 1855 (KLR)
Wandaba & 11 others v County Government of Bungoma (Employment and Labour Relations Cause 7 of 2017) [2025] KEELRC 1855 (KLR)
AI-assisted case brief
·~2 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This brief concerns a clarification ruling by the Employment and Labour Relations Court in Nairobi. The underlying judgment dated 27th July 2018 had found that the Claimants, Youth Polytechnic Instructors, had proved their claim against the County Government of Bungoma on a balance of probability. The court directed the Respondent to unconditionally absorb the Claimants as Youth Polytechnic Instructors within Bungoma County, to pay arrear salary as computed in schedule 15 to the claim within 30 days, with interest at court rates from filing, plus costs. On appeal, the Court of Appeal at Kisumu in Civil Appeal No. 121 of 2018, by judgment delivered on 3rd February 2023, allowed the appeal only to the limited extent that the damages awarded were not ascertainable, and remitted the case to the same Judge to clarify the damages assessed, leaving all other aspects of the judgment undisturbed and making no order as to costs on the appeal. The present court therefore undertook the single task of ascertaining the specific damages. Relying on its findings that the Claimants received no pay from September 2014 and that each earned a stated monthly salary, the court held it implicit that each Claimant was entitled to the monthly salary for the 47 months to 27th July 2018, computing Kshs. 3,890 x 47 = Kshs. 182,830.00 per Claimant. The court clarified the judgment accordingly, ordered payment of that sum per Claimant, interest at court rates from date of judgment until payment in full, and costs of the suit. Judgment dated 26th June 2025, Mathews Nduma, Judge.
Key legal issues
#01
Whether the damages awarded on 27/7/2018 could be ascertained with specificity
Holding
Yes - each Claimant is entitled to Kshs. 3,890 per month from September 2014 to 27th July 2018 (47 months), totalling Kshs. 182,830.00.
Reasoning
The court had found that the Claimants received no pay from the County Government since September 2014, and that each earned Kshs. 3,870 per month. Reading the judgment as a whole, it was implicit that each Claimant be paid monthly salary for the 47 months from September 2014 to the date of judgment. Computing 3,890 x 47 yields Kshs. 182,830.00 per Claimant, which the court adopted as the clarified award, with interest from date of judgment.
p. 2
Legal principles established
#- Where an appellate court remits a matter for clarification of damages, the trial court may ascertain the award from its own findings on the record (monthly salary and the period unpaid).
Court orders
#- 1.Each Claimant to be paid Kshs. 182,830.00
- 2.Interest at court rates from date of judgment till payment in full
- 3.Costs of the suit
- On appeal from
- Court of Appeal at Kisumu
- Civil Appeal No. 121 of 2018
- Jurisdiction invoked
- Remittal by the Court of Appeal in Civil Appeal No. 121 of 2018 for clarification of the damages assessed
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wandaba & 11 others v County Government of Bungoma (Employment and Labour Relations Cause 7 of 2017) [2025] KEELRC 1855 (KLR)", Case Analysis (2025). Employment and Labour Relations Court judgment dated 27/7/2018 (Civil Appeal No. 121 of 2018 at Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1855/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.