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ELRCOtherNot stated in the excerpt provided· [2025] KEELRC 1903 (KLR)
Kiwo & 341 others v Teachers Service Commission (Employment and Labour Relations Cause 244 of 2017) [2025] KEELRC 1903 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan court ruled that TSC must pay teachers directly into their salary accounts, while still protecting the lawyer's right to fees from the award.
What this practically means
#Executive summary
#This ruling by the Employment and Labour Relations Court (Maureen Onyango, Judge) determines a review application dated 4th March 2025 filed by the Respondent, the Teachers Service Commission, seeking review of the judgment delivered on 13th February 2025. That judgment had ordered the Respondent to pay the Claimants enhanced house allowances backdated to July 2015, awarded costs to the Claimants, and directed that the decretal sum be paid through the Claimants' advocates. The Respondent sought review on the ground of discovery of new and important evidence, relying on the affidavit of Mollet Sango, its Acting Director of Human Resource Management and Development, who deposed that individual Claimants and the Kenya National Union of Teachers had written requesting direct payment to personal accounts, raising fears of industrial action. The Claimants, through Daniel Mugo Kiwo and a further affidavit by ten named Claimants, opposed the application, asserting that the individual letters were solicited through templates sent via heads of stations, that some Claimants had been threatened with transfers and stagnation, and that they had collectively instructed payment through their advocate. Rather than determine the review on its merits, the court held that the application was not the proper way to resolve the evident impasse and invoked the objective of doing justice without undue recourse to technicalities. Noting the advocate's lien over the decretal sum, the court varied the judgment: the decretal sum to be paid directly into the Claimants' salary accounts, with the advocate's bill of costs to be filed, taxed, and the amount (increased by one-half under the Advocates Remuneration Order or as agreed) withheld by the Respondent and remitted to the advocate, all payments to be completed within 90 days. The judgment was accordingly reviewed, with a mention date for compliance confirmation.
Key legal issues
#01
Whether to review the judgment directing payment of the decretal sum through the Claimants' advocates
Holding
The court reviewed the judgment, varying the mode of payment: the decretal sum to be paid directly into the Claimants' salary accounts, with advocate's fees assessed by taxation (or agreement) withheld by the Respondent and remitted to the advocate
Reasoning
The court found divisions among the Claimants over disbursement and fears that some Claimants would not receive their entitlement. Rather than determine the review application on its technical merits, the court invoked the overriding objective to do substantial justice to all parties. It protected the advocate's lien by directing taxation of fees and withholding of the taxed amount from sums due to the Claimants, balancing the interests of the Claimants and their advocate.
p. 3
Legal principles established
#- Payments arising from decisions of courts are made through advocates because an advocate has a lien over the decretal sum until the advocate's fees are paid
- The role and objective of the court is to do justice to all parties without undue recourse to legal technicalities
Court orders
#- 1.Counsel for the Claimants to file his bill of costs within 14 days
- 2.The bill of costs to be fixed for taxation before the taxing master within 30 days of filing
- 3.If there is an agreement on fees between the Claimants and their advocate, it be filed together with the Bill of Costs
- 4.The decretal sum be paid to the Claimants directly in their salary accounts
- 5.The amount in the Bill of Costs together with taxed costs, increased by one-half as provided in the Advocates Remuneration Order or agreed fees, be divided equally among all Claimants and withheld by the Respondent for onward transmission to the Advocate
- 6.Once confirmed, the decretal sum together with advocate's fees be paid within 90 days
- 7.A date for mention to confirm compliance to be taken at the time of delivery of the ruling
- On appeal from
- null
- null
- Jurisdiction invoked
- Section 16 of the Employment and Labour Relations Court Act and Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiwo & 341 others v Teachers Service Commission (Employment and Labour Relations Cause 244 of 2017) [2025] KEELRC 1903 (KLR)", Case Analysis (2025). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1903/eng@2025-06-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.