Case Metadata |
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| Case Number: | Cause 39 of 2013 |
|---|---|
| Parties: | Jared Omondi Ober & another v County Government of Homa-Bay |
| Date Delivered: | 13 Mar 2019 |
| Case Class: | Civil |
| Court: | Employment and Labour Relations Court at Kisumu |
| Case Action: | Ruling |
| Judge(s): | Mathews Nderi Nduma |
| Citation: | Jared Omondi Ober & another v County Government of Homa-Bay [2019] eKLR |
| Court Division: | Employment and Labour Relations |
| County: | Homa Bay |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 39 of 2013
(Before Hon. Justice Mathews N. Nduma)
1. JARED OMONDI OBER...........................................................1ST CLAIMANT
2. JOHN OLUOCH ORINDA.......................................................2ND CLAIMANT
VERSUS
COUNTY GOVERNMENT OF HOMA-BAY.................................RESPONDENT
AMENDED RULING
1. In terms of the judgment of the court delivered on 4th October 2018, parties were to compute the award and file the same for confirmation within 30 days of judgment. The claimant field computation dated 23rd November 2018.
2. The court has examined the computation and is satisfied that it correctly reflects Order 19(ii) regarding compensation equivalent to twelve months salary in respect of the claimant; order (iii) concerning unpaid arrear salary during the period of suspension and (iv) interest at court rates from date of filing suit. However, an item on leave allowance arrears for the period 1997, 2008, 2009, 2010 to 2018 in the sum of Kshs. 392,670.70 for the 1st claimant and Kshs. 358,689.60 for the 2nd claimant is wrongly included in the computation.
3. Accordingly, the Court awards in terms of the computation Kshs. 8,794,424.70 less Kshs 392,670.70 to the 1st claimant and Kshs. 6,590.341.40 less Kshs. 358,689.60 for the 2nd claimant as against the respondent in the sum of Kshs. 8,401,754 and Kshs. 6,231,658 forms part of the judgment delivered on 4th October 2018.
4. The respondent did not file any Counter computation in terms of the judgment.
Ruling Dated, Signed and delivered this 13th day of March, 2019
Mathews N. Nduma
Judge
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 39 OF 2013
(Before Hon. Justice Mathews N. Nduma)
1. JARED OMONDI OBER…………………………………...1ST CLAIMANT
2. JOHN OLUOCH ORINDA…………………………….…..2ND CLAIMANT
VERSUS
COUNTY GOVERNMENT OF HOMA-BAY…..….................RESPONDENT
RULING
1. In terms of the judgment of the court delivered on 4th October 2018, parties were to compute the award and file the same for confirmation within 30 days of judgment. The claimant field computation dated 23rd November 2018.
2. The court has examined the computation and is satisfied that it correctly reflects Order 19(ii) regarding compensation equivalent to twelve months salary in respect of the claimant; order (iii) concerning unpaid arrear salary during the period of suspension and (iv) interest at court rates from date of filing suit. However, an item on leave allowance arrears for the period 1997, 2008, 2009, 2010 to 2018 in the sum of Kshs. 392,670.70 is wrongly included in the computation.
3. Accordingly, the Court awards in terms of the computation Kshs. 8,794,424.70 less Kshs 392,670.70 to the claimants as against the respondent in the sum of Kshs. 8,401,754 and forms part of the judgment delivered on 4th October 2018.
4. The respondent did not file any Counter computation in terms of the judgment.
Ruling Dated, Signed and delivered this 13th day of March, 2019
Mathews N. Nduma
Judge
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