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JudgmentKENYA UNION OF SUGAR PLANTATION & ALLIED WORKERS VS KIBOS SUGAR & ALLIED WORKERS2 min read

KENYA UNION OF SUGAR PLANTATION & ALLIED WORKERS VS KIBOS SUGAR & ALLIED WORKERS

Employment and Labour Relations Court at Kisumu ELRC · · Nzioki Wa Makau

Summary

The Employment & Labour Relations Court in Kisumu ruled on a dispute between Kenya National Union of Sugar Plantation & Allied Workers (Claimant) and Kibos Sugar & Allied Industries Limited (Respondent) regarding unpaid arrears of salaries for suspended members. The Claimant sought endorsement of calculations for Kshs. 3,059,192/- due from February 2020 to December 2020, but the Respondent contested the calculation as it covered a period outside the Court's ruling. The Court clarified that the period of computation is limited to 10 months (February to December 2020) as per Radido J.'s ruling, and ordered the Respondent to pay Kshs. 711,440/- as settlement of the decretal sum, with each party bearing their own costs. The Court emphasized that the calculation must align with the specific period ordered by the prior ruling to avoid discrepancies.


REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS
COURT OF KENYA AT KISUMU
CAUSE NO. 23 OF 2020


KENYA NATIONAL UNION OF SUGAR
PLANTATION & ALLIED WORKERS …………………….…CLAIMANT

VERSUS
KIBOS SUGAR & ALLIED INDUSTRIES LIMITED...…....RESPONDENT

RULING
1. This Ruling relates to computation in respect of the Grievants who are members of the Claimant Union. The Union filed an application seeking the endorsement of the Court to the calculations it had indicated for the unpaid arrears which it calculated as Kshs. 3,059,192/- being the salary due between the suspension on 22nd February 2020. The Claimant thus sought the award in the said application.

2. The Respondent is opposed and the Respondent asserts that the calculation is erroneous since it related to a time outside of the Court Ruling.

3. The Court has considered the rival positions and notes that the Ruling by Radido J. made on 8th May 2024 was very clear at paragraph 16 thereof. The Learned Judge acquitted himself thus:
16. The Court orders the Respondent to compute and pay the Grievants the half-salaries they were entitled to during suspension from 20 February 2020 to the date of Ruling on 11 December 2020 within the next 30 days failure to which the wages to attract interest at court rates from 11 December 2020. [emphasis supplied]

4. The window of operation is confined to the 10 months – February to December 2020. As such, the amounts due as ordered by the Court are as follows:
a. Bernard Ochieng Abuto – Kshs. 13,274/- * 10 = Kshs. 132,740/-
b. Michael Abiero Ogalo – Kshs. 12,723/- * 10 = Kshs. 127,230/-
c. Charles Guya Orondo – Kshs. 14,154/- * 10 = Kshs. 141,540/-
d. Aloice Otieno Owere – Kshs. 15,947/- * 10 = Kshs. 159,470/-
e. Elly Onyango Odero – Kshs. 15,046/- * 10 = Kshs. 150,460/-

5. The Court did not indicate the sums owed were to be for the period from February 2020 to date hence the discrepancy in calculation by the Union. The Union factored into the calculation sums that were not awarded. The Respondent is therefore to pay a sum of Kshs. 711,440/- as settlement of the decretal sum as ordered by Radido J. in his Ruling No. 4 in this matter. Each party is to bear their own costs for the application before me.

6. The sum ordered by the Court is to be deducted from sums already paid and if there is any balance, that will be the sum that is due.
It is so ordered.

Dated and delivered at Nairobi this 24th day of July 2024

Nzioki wa Makau
JUDGE

    KENYA UNION OF SUGAR PLANTATION & ALLIED WORKERS VS KIBOS SUGAR & ALLIED WORKERS KENYA UNION OF SUGAR PLANTATION & ALLIED WORKERS VS KIBOS SUGAR & ALLIED WORKERS