Ngugi & 16 others v Safaricom PLC

RULING 1. The application dated 27/5/2025 is for review of the judgment of the court delivered on 26th May 2025 in terms of Rule 75 of the ELRC (Procedure) Rules which provides:“ The court shall at the request of the parties or on its own motion cause any clerical mistake, incidental error or omission to be rectified and shall notify the parties of such rectification.” 2. The application seeks an order in the following terms: 1. Spent 2. The honourable court be pleased to review, correct and/or amend the judgment dated 26th May 2025 by applying the correct monthly gross salary as refiected in the Claimant’s payslips for accurate computation of compensation of the amended reliefs. 3. Costs of the application. 3. The application is premised on grounds (a) to (e ) set out on the face of the Notice of Motion and buttressed in the supporting afidavit of Anthony Opiyo, the 1st Claimant/Applicant the crux of which is that the court applied the wrong gross salaries of the Claimants except the 2nd Claimant in the computation of notice and compensation awarded to the Claimants’ herein. 4. That this is an error apparent on the face of the record which the court may correct. 5. That in the witness statements all dated 16th November 2018, the Claimants’ produced as evidence their payslips which were uncontested by the Respondents during the trial. 6. That the current amount of monthly gross salaries were pleaded, proved during the hearing of the suit and were uncontested by the Respondent. 7. That the current monthly gross salaries of the Claimants as pleaded are as follows:- https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2130/eng@2025-07-17 2

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8. Claimant Monthly Gross Salary 1. Johnson Ngugi Kangiri Kshs. 342,087.00 2. Richard Alenga Inyumili Kshs. 326,181.95 3. Martin Mutuma Miriti Kshs. 296,994.00 4. James Omondi Onyango Kshs. 326,181.95 5. James Nguthu Musyoka Kshs. 326,181.95 6. Hellen Wambui Mburu Kshs. 323,671.21 7. Hawa Wanjiku Ali Kshs. 296,994.00 8. George Kariuki Njeru Kshs. 287,825.84 9. Eric Mwenda Mutuma Kshs. 303,989.14 10. Crispus Gachuhi Wachira Kshs. 296,994.00 11. Bismark Shimuli Litiema Kshs. 318,784.22 12. Anthony Opiyo Kshs. 438,773.00 13. Angela Sanja Sirengo Kshs. 318,784.22 14. Paul Keeru Gakinya Kshs. 323,671.21 15. Benard Kibet Ronoh Kshs. 277,000.00 16. Chris Muasya Muvaka Kshs. 335,524.92 17. Harold Kithinji Mbae Kshs. 323,671.21 That the court grants the application as prayed. Grounds of opposition 9. The Respondent oppose the application on grounds that it ofiends section 80 of the Civil Procedure Act as read with Order 45, Rule 1(2) of the Civil Procedure Rules, 2010 in that the court is functus oficio in relation to its finding on the Claimants’ salary in view of the difierent evidence that was before it. 10. That the proposed reviews, correction and/or amendments sought by the Claimants’ are issues of evidence on the Claimants’ gross pay and the compensation awards by the court which can only be canvassed by way of an appeal. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2130/eng@2025-07-17 3

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11. Parties filed written submissions which the court has considered carefully. In the case of National Bank of Kenya Ltd versus Ndungu Njau [1977] eKLR the Court of Appeal stated: A review may be granted whenever the court considers that it is necessary to correct an apparent error or omission on the part of the court. The error or omission must be selfevident and should not require an elaborate argument to be established.” This court is satisfied it made self-evident errors on record 12. on the face of the judgment in that it overlooked the gross salaries earned by sixteen (16) Claimants refiected in their payslips adduced as evidence before court. 13. The gross salaries earned by the Claimants were not contested by the Respondent. This is clearly on error on the part of the court which the court is obliged to correct to meet the ends of justice. 14. It matters not that a notice of appeal has already been filed. That cannot prevent this court from correcting an error that was innocuously made by the court in its judgment which error if not corrected is likely to cause grave injustice to the Claimants. 15. Accordingly, the application is granted and the award of notice pay and compensation amended as follows:1. 2. 3. 4. 5. 6. 1st Claimant - Johnson Ngugi Kangiri a. Is awarded Kshs. 342,087 in lieu of one-month notice b. Compensation is computed at the equivalent of 10 months salary in the sum of Kshs. 3,420,870.00. 3rd Claimant – Martin Mutuma Miriti a. Kshs. 296,994.00 in lieu of one-month notice b. Compensation in the sum of Kshs. (296,994x10 months salary) Kshs. 2,969,940.00. 4th Claimant – James Omondi Onyango a. Kshs. 326,181.95 in lieu of one-month notice. b. Compensation in the sum of Kshs. (326,181.95x10 months’ salary) Kshs. 3,261,819.5. 5th Claimant James Nguthu Musyoka a. Kshs. 326,181.95 in lieu of one-month notice. b. Compensation in the sum of Kshs. (326,181.95x10 months salary) Kshs. 3,261,819.5 6th Claimant – Hellen Wambui Mburu a. Kshs. 323,671.21 in lieu of one-months’ notice b. Compensation in the sum of Kshs. (323,671.21x10) Kshs. 3,236,712.1. 7th Claimant – Hawa Wanjiku Ali a. Kshs. 296,994.00 in lieu of one-months’ notice b. Compensation in the sum of Kshs. (296,994x10) Kshs. 2,969,940.00 https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2130/eng@2025-07-17 4

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7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 16. 8th Claimant – George Kariuki Njeru a. Kshs. 287,825.84 one-month salary in lieu of notice. b. Compensation in the sum of Kshs. (287,825.84x10) Kshs. 2,878,258.4. 9th Claimant – Erick Mwenda Muruma a. Kshs. 303,989.14 in lieu of one-months’ notice. b. Compensation in the sum of Kshs.(303,989.14x10) Kshs. 3,039,891.4 10th Claimant – Crispus Cachuhi Wachira a. Kshs. 296,994.00 in lieu of one-months’ notice b. Compensation in the sum of Kshs. (296,994x10) Kshs. 2,969,940.00. 11th Claimant – Bismark Shimuli Litiema a. One month salary in lieu of notice b. Compensation in the sum of Kshs. (318,784.22x10) Kshs. 3,187,842.2 12th Claimant – Anthony Opiyo a. Kshs. 438,773.00 in lieu of one-months notice b. Compensation in the sum of Kshs. (438,773x10) Kshs. 4,387,730.00 13th Claimant – Angela Sanja Sirengo a. Kshs. 318,784.22 in lieu of one-months’ notice. b. Compensation in the sum of Kshs. 3,187,842.2 14th Claimant - Paul Keeru Gakinya a. Kshs. 323,671.22 in lieu of one-months’ notice. b. Compensation in the sum of Kshs.(323.671.22x10) Kshs. 3,236,712.2. 15th Claimant – Benard Kibet Ronnoh. a. Kshs. 277,000.00 in lieu of one-months’ notice b. Compensation in the sum of Kshs. (277,000x10) Kshs. 2,770,000.00. 16th Claimant – Chris Muasya Muvaka a. Kshs. 335,524.92 in lieu of one-months’ notice. b. Compensation of Kshs. (335,524.92x10) Kshs. 3,355,249.2 17th Claimant – Harold Kithinji Mbae a. Kshs. 323,671.21 in lieu of one-months’ notice. b. Compensation in the sum of Kshs (323,671.21x10) Kshs. 3,236,712.1. The judgment of the court dated 26th May 2025 is corrected by substituting the gross monthly salary of all the Claimants except the 2nd Claimant accordingly. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2130/eng@2025-07-17 5

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It is so ordered DATED AT NAIROBI THIS 17TH DAY OF JULY 2025. MATHEWS NDUMA JUDGE Appearance: Mr. Change, Advocate for the Claimant Mr. Mwangi, Advocate for the Respondent Mr. Kemboi – Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2130/eng@2025-07-17 6

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