FINAL JUDGEMENT - TABULATION
1. The Judgment in this case was delivered on 4th December, 2025 as follows:
i. The termination of the Claimant’s employment was for valid reason and complied with fair procedure. The termination was therefore not unfair.
ii. The Claimant not having been summarily dismissed, is awarded salary withheld from September 2022 to the date of termination of his employment on 31st January 2023.
iii. The Claimant is not entitled to compensation as the termination of his employment was not unfair.
iv. The Claimant is not entitled to damages.
2. Interest shall accrue on the withheld salary from date of judgment unless payment of decretal sum is made within 30 days from date of decree.
3. Each party shall bear its costs of this suit.
4. The court having not been supplied with the figures of the withheld salary, the Respondent was directed to tabulate the same and file the tabulation in court. Both parties filed their tabulation.
5. The Claimant’s tabulation is as set out in the table below:
MONTH GROSS SALARY GROSS SALARY PAID ARREARS
SEPT 22 94,972.00 11,986.86 82,985.14
OCT - 22 97,437.00 6,877.35 90,559.65
NOV - 22 97,437.00 28,569.31 68,867.69
DEC -22 97,437.00 13,892.71 83,544.29
JAN - 22 97,437.00 - 97,437.00
NOTICE PAY(Paragraph 59 of Judgment) 97,437.00 97,437.00
Total 520,830.77/=
6. The Respondent also filed tabulation as per the table below:
Month gross salary gross salary paid arrears
Sept 22 94,972 71,302 23,670.00
Oct 22 97,437.00 71,718.50 25,718.50
Nov 22 97,437.00 71,718.50 25,718.50
Dec 22 97,437.00 71,718.50 25,718.50
Jan 23 97,437.00 - 97,437.50
7. The Respondent explained its tabulation as follows:
i. The Claimant's basic salary as per August, 2022 pay slip was Ksh. 48,972. This was before the Claimant was interdicted. After interdiction in September of 2022, half of the basic salary was withheld by the employer.
ii. In the month of September, a half of the claimant's basic salary was withheld (i.e., Ksh 23,670. The total gross salary for that particular month was Kshs. 71,302.00 as per the September pay slip on page 81.
iii. In the month of October, the withheld salary was Kshs. 25,718. In that month, the claimant's gross salary was Kshs. 102,783.30 which included arrears of Kshs. 31,064 as per the October pay slip on page 82.
iv. In the month of November and December, the withheld salary was Kshs. 25,718. The gross salary for each of the two months was Kshs. 71,718.50 as per the November and December pay slip indicated on page 83 and 84 respectively.
v. In the month of January 2023, the Claimant did not receive pay at all. Thus, the withheld salary for January is Ksh. 97,437/-.
vi. In summary, the withheld salaries amount to Kshs. 23,670.00 for September and Ksh 25,718.50 each for the months of October, November and December; and Ksh. 97,437/- for January 2023. This amounts to a total of Ksh. 198,262.50.
vii. The total award to the claimant comprises withheld salary of Ksh. 198,262.50 and the one-month notice pay of Kshs 97,437.00. The total being Kshs 295,699.00.
8. Having considered the two tabulations, I am satisfied that the Respondent’s tabulation is the correct one as the Claimant’s tabulation does not distinguish between the basic and gross salary and does not refer to the specific payments actually received by the Claimant and using gross salary instead of basic salary which is what was withheld.
9. Accordingly, final judgement is entered for the Claimant in the sum of Kshs. 295,699.00.
10. The rest of the judgment is as delivered on 4th December, 2025.
DATED, SIGNED AND VIRTUALLY AT ELDORET
ON THIS 29TH DAY OF MAY, 2026