REPUBLIC OF KENYA IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU CAUSE NO. 286 OF 2016 (Originally Kisii High Court Civil Case No. 17 of 2007) ALFRED OGINGA IGONYI.............................. 1ST CLAIMANT ARATI OMWANGE ............................................2ND CLAIMANT BONFACE OBIERO........................................... 3RD CLAIMANT CLEMENT AYIENDA........................................4TH CLAIMANT DAVID MOSOBA................................................5TH CLAIMANT DISMAS OMWOYO.......................................... 6TH CLAIMANT EVANS ORANGI ............................................... 7TH CLAIMANT FRANCIS KEBWAGE........................................8TH CLAIMANT GRACE NYABOKE........................................... 9TH CLAIMANT HANDSON OGANGA .....................................10TH CLAIMANT HELLEN OYUNGE .........................................11TH CLAIMANT HENRY OMBOGO...........................................12TH CLAIMANT IBRAHIM ONDARA....................................... 13TH CLAIMANT ISAC OSORO ...................................................14TH CLAIMANT JAMES ONYAMBU ....................................... 15TH CLAIMANT JAMES SIBWOGA......................................... 16TH CLAIMANT JENEPHER NYABERI....................................17TH CLAIMANT JANET ORINA ................................................18TH CLAIMANT JERUSA ONCHARI....................................... 19TH CLAIMANT JOWL MOCHUMA OKERO.........................20TH CLAIMANT
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JOEL NYAKORA .......................................... 21ST CLAIMANT JOHN BONGOYE ..........................................22ND CLAIMANT JOHN NYABOGA ..........................................23RD CLAIMANT JOSEPH ONDARI..........................................24TH CLAIMANT JOSEPHINE NYAMORI.............................. 25TH CLAIMANT LUCY BARONGO ........................................26TH CLAIMANT MARCELLA MACHOMA ..........................27TH CLAIMANT NATHAN OSORO ....................................... 28TH CLAIMANT PETER OKWENDA ....................................29TH CLAIMANT RICHARD OBONYO ................................. 30TH CLAIMANT RICHARD TANI ..........................................31ST CLAIMANT SIMION OYONGO......................................32ND CLAIMANT SIMON MOKAYA.......................................33RD CLAIMANT ZIPORAH MATUNDRA ............................34TH CLAIMANT JANE NYAMBANE .....................................35TH CLAIMANT AMOS MAGEMBE..................................... 36TH CLAIMANT ELIZABETH MORAA ...............................37TH CLAIMANT DOMNIC ONYUOKI ................................ 38TH CLAIMANT EVALINE OSEKO ....................................39TH CLAIMANT IBRAHIM NYAMGARESI .......................40TH CLAIMANT JULIANA ORINA ......................................41ST CLAIMANT RHODA KWAMBOKA ...........................42ND CLAIMANT SELINA NYABONYI.................................43RD CLAIMANT MESHACK KEINDA ONDARI...............44TH CLAIMANT NEMWEL OGECHI ................................45TH CLAIMANT JAMES NYABWANGA ...........................46TH CLAIMANT RAEL OTWEKA .....................................47TH CLAIMANT LABAN NYANDEGE...............................48TH CLAIMANT NELSON MOGENI .................................49TH CLAIMANT HANNINGTON MARUBE AKUNA......50TH CLAIMANT
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MISHAEL OMWENO............................. 51ST CLAIMANT PENINA OSEKO ....................................52ND CLAIMANT DISHON MAKORI ................................53RD CLAIMANT GLADYS MIRUKA................................54TH CLAIMANT JOSEPH MOMANYI.............................55TH CLAIMANT JOYCE KEREBI................................... 56TH CLAIMANT JOYCE OGECHI ..................................57TH CLAIMANT MARGARET ORINA............................58TH CLAIMANT MARY MAOBE.....................................59TH CLAIMANT MARY MAYAKA .................................60TH CLAIMANT ONDIEKI NYANDIRI...........................61ST CLAIMANT ELIJAH KERONGO........................... 62ND CLAIMANT ONCHWERI OYARO .........................63RD CLAIMANT HESBON ONCHARI ...........................64TH CLAIMANT NATHAN ONYANGO .........................65TH CLAIMANT SAMSON MOSONGO.........................66TH CLAIMANT HEZRON MOTARO ONWONG’A....67TH CLAIMANT VERSUS OGEMBO TEA FACTORY LTD.............RESPONDENT RULING NO. 2 1. In a judgment delivered on 9 July 2019, the Court entered judgement for the Claimants and directed the parties to compute and file in Court for adoption within 14-days, the salary and allowances arrears due to the Claimants. 2. The parties did not agree and the Claimants filed their computations on 9 August 2018. 3. On 14 August 2018, the Respondents Head of Legal and Regulatory Affairs wrote to the Claimants’ advocates forwarding their computations (totaling Kshs 18,672,257/-) and requesting for a meeting to negotiate possible settlement. 4. The Claimants accepted the offer through a letter dated 30 March 2020. 5. When the Cause was mentioned on 25 May 2021 to confirm compliance, the Claimants informed the Court that they had filed computations and that they had also got an offer from the Respondent. 6. The Respondent however indicated that they wanted more time to meet with the Claimants and the Court gave them more time and directed that a consent be filed if agreement was reached. The Court fixed the matter for mention on 24 June 2021. 7. On 24 June 2021, the Claimants informed the Court that they had accepted the offer from the Respondent. The Respondents however stated that the parties had not met. 8. The Court therefore directed the Respondent to file its computations on the arrears, but the order was not complied with and the Court gave the Respondent the last opportunity to comply before 3 November 2021.
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9. When the parties appeared in Court on 3 November 2021, the Claimants again indicated that they had accepted the Respondent’s offer to pay Kshs 18,672,257/- instead of the Kshs 21,300,228/- they had sought. 10. The Claimants further indicated that they had filed an affidavit in Court on 20 April 2021 indicating acceptance of the offer. 11. The Respondent however contended that negotiations had collapsed and that they had filed an appeal before the Court of Appeal. 12. On 18 November 2021, the Court directed that it would render a Ruling today. 13. The Court has considered the record and affidavits filed and come to the conclusion that since the Respondent made an offer and which offer was accepted by the Claimants and considering that the Respondent has not been keen to have this long outstanding matter resolved, the computations by the Respondent which were accepted by the Claimants be adopted as part of the judgment. 14. Before concluding, the Court notes that the conduct of the Respondent during the various mentions indicates a party intent on delaying as much as possible the effective resolution of a dispute which had ended in adverse orders being made against it. It is not even discernible from the file whether the Respondent collected certified copies of proceedings despite being informed on 18 May 2020. Conclusion and Orders 15. The Court therefore enters judgment for the Claimants in the sum of Kshs 18,672,257/-. 16. The sum to attract interest at court rates from 30 March 2020 being the date the Claimants accepted the offer. DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 16 TH DAY OF FEBRUARY, 2022 RADIDO STEPHEN, MCIARB JUDGE Appearances For Claimants Ondabu & Co. Advocates For Respondent Nyachiro Nyagaka & Co. Advocates Court Assistant Chrispo Aura
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