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ELRCAllowedNot stated in judgment· [2025] KEELRC 1989 (KLR)

Kinyua v The Catholic Diocese of Maralal (Thru’ Registered Trustees) & another (Employment and Labour Relations Cause E044 of 2022) [2025] KEELRC 1989 (KLR)

Employment and Labour Relations Court of Kenya
4 July 2025
AMAnna Ngibuini Mwaure
1,298 words in judgment
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The bottom line

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Kenya's Employment Court corrected a salary award calculation error, increasing the employee's total compensation by Kshs. 132,000 without needing a full retrial or appeal.

What this practically means

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Executive summary

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The Claimant/Applicant moved the Employment and Labour Relations Court at Nakuru by Notice of Motion dated 18th February 2025 seeking review of paragraphs 63 and 70 of a judgment delivered on 15th February 2024, so as to reflect unpaid salary calculated as Kshs. 45,000 x 9 months, amounting to Kshs. 405,000, and a revised total award of Kshs. 2,221,350. The application was expressed to be brought under Article 159(2)(d) of the Constitution, sections 12, 16, 20 and 22 of the Employment and Labour Relations Court Act and Rule 75 of the ELRC (Procedure) Rules, 2024. The Claimant averred that the trial court used 7 months instead of the correct 9 months in calculating salary arrears, causing a shortfall of Kshs. 132,000, and that although a prior correction application filed on 13 March 2024 was allowed, the revised order did not specify actual figures, preventing the Deputy Registrar from including the corrected amount in the decree. The Respondent, though served, filed nothing in opposition. The court, considering section 16 of the ELRC Act and Rule 75, and applying the established test that an error apparent on the face of the record must be obvious and patent, perused the judgment and found that there had been an error by Wasilla J in calculating unpaid salary, the months of reduction being January 2022 to September 2022 (9 months), yielding Kshs. 405,000 instead of Kshs. 273,000, with the total award revised to Kshs. 2,221,350. The application was allowed and each party ordered to bear its own costs.

Key legal issues

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01

Whether the application for review is merited

Holding

The application is allowed. The court found an error by the trial judge (Wasilla J) in calculating unpaid salary for 7 months instead of the correct 9 months of salary reductions (January 2022 to September 2022), and reviewed the award accordingly.

Reasoning

The court has power under section 16 of the ELRC Act and Rule 75 of the ELRC (Procedure) Rules, 2024 to rectify clerical mistakes, incidental errors or omissions. The payslip evidenced the salary reduction, which the Respondent did not deny. The judgment's paragraph 61 specified reductions from January 2022 to September 2022, i.e. 9 months, so the correct figure is Kshs. 45,000 x 9 = 405,000 rather than 273,000, and the total award must be revised to Kshs. 2,221,350.

p. 3

Legal principles established

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  • The ELRC has power to review its own judgments, awards, orders or decrees in accordance with the rules, and may rectify clerical mistakes, incidental errors or omissions on its own motion or at the request of parties.
  • An error apparent on the face of the record must be an obvious and patent mistake, not one established by a long drawn process of reasoning on which two opinions may conceivably be held.

Court orders

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  1. 1.Review of paragraph 63 of the judgment dated 15th February 2024 to reflect unpaid salary calculated as Kshs. 45,000 x 9 months, amounting to Kshs. 405,000
  2. 2.Review of paragraph 70 of the judgment dated 15th February 2024 to reflect that the total award to the Claimant is Kshs. 2,221,350
  3. 3.Each party to meet their own costs of the application

Authorities

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Legislation

  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Employment and Labour Relations Court ActSections 12, 16 (also sections 20, 22 and section 12(3)(vii) referred to)
  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 75
  • Civil Procedure RulesOrder 21 Rule 1
  • Civil Procedure ActSection 1B

Cases cited (5)

  • Stephen Wanyoike Kinuthia (Suing on behalf of John Kinuthia Marega (deceased) V Kariuki Marega & Another
    [2018] KECA 623 (KLR)
  • Muyodi V Industrial and Commercial Development Corporation & Another
    (2006) 1 EA 243
  • Nyamogo & Nyamogo -vs- Kogo
    (2001) EA 174
  • Chandrakhant Joshibhai Patel V R
    (2004) TLR, 218
  • Gichana, The Clerk, Nairobi City County Assembly V Ngwele & 3 others
    [2022] KECA 423 (KLR)
Jurisdiction invoked
Section 16 of the Employment and Labour Relations Court Act and Rule 75 of the Employment and Labour Relations Court (Procedure) Rules, 2024

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, "Kinyua v The Catholic Diocese of Maralal (Thru’ Registered Trustees) & another (Employment and Labour Relations Cause E044 of 2022) [2025] KEELRC 1989 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1989/eng@2025-07-04

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