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ELRCAllowed· [2025] KEELRC 2262 (KLR)

Achuti & 29 others v County Government of Nakuru & another (Cause E039 of 2022) [2025] KEELRC 2262 (KLR)

Employment and Labour Relations Court
30 July 2025
JRJAMES RIKA
677 words in judgment
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The bottom line

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What this practically means

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Executive summary

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In a judgment delivered on 31st October 2023, Wasilwa J granted the Claimants notice, gratuity, compensation for unfair termination and costs, but the judgment was silent on their pleaded prayer for interest. The Claimants returned by application dated 24th February 2025, supported by an affidavit of their counsel Wanjiru Gitau, seeking review and an award of interest at 6% per annum. They explained the decree remains unsatisfied and that the Respondents' delaying applications, including a Court of Appeal application for stay of execution, were withdrawn on 10th December 2024. The Respondents opposed through grounds dated 9th June 2025, contending there was no error apparent on the face of the record and no sufficient reason for review under Order 45 Rule 1 of the Civil Procedure Rules. The parties agreed the ruling would be determined on the affidavit and grounds of opposition. Rika J found the judgment silent on an expressly pleaded prayer, which constituted an error or mistake apparent on the face of the record, or at the very least sufficient reason for review under Rules 74(1)(b) and (d) of the E&LRC (Procedure) Rules, 2024. Relying on Section 26(2) of the Civil Procedure Act, the Court held that interest at 6% per annum is deemed ordered from the date of judgment where the judgment is silent on interest, especially where interest was expressly pleaded. Rule 68(1)(f) of the E&LRC (Procedure) Rules, 2024 empowers the Court to order interest on any principal amount awarded at any time. The application was allowed with costs to the Claimants.

Key legal issues

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01

Whether the Court's silence on the pleaded prayer for interest warrants review

Holding

Yes. The judgment neither granted nor denied interest despite an express prayer, amounting to an error apparent on the face of the record or at least sufficient reason for review.

Reasoning

The Claimants pleaded interest in their Statement of Claim, but the judgment delivered on 31st October 2023 was silent on that head. The Court held parties are entitled to adjudication of expressly pleaded prayers, and the respondents' delay in satisfying the decree should not deprive the Claimants of accrual of interest. The omission therefore satisfies the review thresholds.

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02

Whether interest at 6% per annum is payable under Section 26(2) of the Civil Procedure Act and Rule 68(1)(f) of the E&LRC (Procedure) Rules, 2024

Holding

Yes. Where a judgment is silent on interest and interest was expressly sought, interest at 6% per annum from the date of judgment is deemed ordered and may be granted at any time.

Reasoning

Section 26(2) deems interest at 6% per annum from the date of judgment where the judgment is silent on interest, particularly where the party expressly applied for interest in its pleadings. Rule 68(1)(f) of the E&LRC (Procedure) Rules, 2024 empowers the Court to issue at any time an order for payment of interest on any principal amount awarded, so the Court may grant the order on review.

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Legal principles established

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  • Where a judgment is silent on interest and a party expressly pleaded interest, interest at 6% per annum is deemed ordered from the date of judgment under Section 26(2) of the Civil Procedure Act.
  • Silence of a judgment on an expressly pleaded prayer for interest constitutes an error apparent on the face of the record or sufficient reason for review.

Court orders

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  1. 1.The application filed by the Claimants dated 24th February 2025 is allowed
  2. 2.Costs to the Claimants
Jurisdiction invoked
Order 45 Rule 1 of the Civil Procedure Rules; Rules 68(1)(f) and 74(1)(b) and (d) of the E&LRC (Procedure) Rules, 2024; Section 26(2) of the Civil Procedure Act

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, "Achuti & 29 others v County Government of Nakuru & another (Cause E039 of 2022) [2025] KEELRC 2262 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2262/eng@2025-07-30

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