REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
ELRC CAUSE NO. E853 OF 2023
STEPHEN MUKOTO SHIVACHI………….…….…...…………...CLAIMANT
VERSUS
GIBB AFRICA LIMITED ………………………………………RESPONDENT
JUDGMENT
1. This matter formed part of a series of related claims in which judgment was delivered on 11 th July 2025, with ELRC Cause No. E862 of 2023, Nelson Kamande Mwaura v Gibb Africa Ltd serving as the test suit.
2. In that judgment, the Court found in favour of the Claimant and declared that the Respondent had violated his right to fair labour practices. The Court consequently awarded the Claimant salary arrears for various periods, unremitted pension contributions, interest on the salary arrears, and costs. The Respondent was further directed to issue the Claimant with a certificate of service within 30 days of the date of the judgment.
3. The Court further directed that, the matter having been determined as a test suit, its findings on liability would apply with equal force to all the remaining matters within the same cluster, including the present claim.
4. Subsequently, the Claimant moved the Court by way of the Notice of Motion dated 5 th February 2026, seeking an order that the Court assess the quantum payable in respect of the remaining matters in the series. The application is premised on the ground that the parties were unable to agree on the exact awards payable to the Claimants in each of the matters comprising the series.
5. It is against that backdrop that the Court now proceeds to issue the following final orders in respect of the present suit:
a) A declaration that the Respondent violated the Claimant’s right to fair labour practices under Article 41(1) of the Constitution in failing to pay the Claimant’s salary in full and promptly.
b) The Claimant is awarded salary arrears in the sum of Kshs. 3,328,246.40.
c) The award in (b) shall attract interest at court rates from 11 th July 2025 until payment in full.
d) The Respondent shall remit to the Claimant the sum of Kshs. 345,016.00, being unremitted pension contributions.
e) The Respondent shall bear the costs of this suit.
f) The Respondent shall issue the Claimant with a Certificate of Service, if not already issued, within 30 days from the date of this judgment.
DATED, SIGNED and DELIVERED at NYERI this 31 ST day of JULY 2026
………………………………
STELLA RUTTO
JUDGE
In the presence of :
For the Claimant Mr. Orina
For the Respondent Mr. Kimanzi
Court Assistant Ndati
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15 th March 2020 and subsequent directions of 21 st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules , which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court had been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
STELLA RUTTO
JUDGE
2
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
ELRC CAUSE NO. E853 OF 2023
STEPHEN MUKOTO SHIVACHI………….…….…...…………...CLAIMANT
VERSUS
GIBB AFRICA LIMITED ………………………………………RESPONDENT
JUDGMENT
1. This matter formed part of a series of related claims in which judgment was delivered on 11 th July 2025, with ELRC Cause No. E862 of 2023, Nelson Kamande Mwaura v Gibb Africa Ltd serving as the test suit.
2. In that judgment, the Court found in favour of the Claimant and declared that the Respondent had violated his right to fair labour practices. The Court consequently awarded the Claimant salary arrears for various periods, unremitted pension contributions, interest on the salary arrears, and costs. The Respondent was further directed to issue the Claimant with a certificate of service within 30 days of the date of the judgment.
3. The Court further directed that, the matter having been determined as a test suit, its findings on liability would apply with equal force to all the remaining matters within the same cluster, including the present claim.
4. Subsequently, the Claimant moved the Court by way of the Notice of Motion dated 5 th February 2026, seeking an order that the Court assess the quantum payable in respect of the remaining matters in the series. The application is premised on the ground that the parties were unable to agree on the exact awards payable to the Claimants in each of the matters comprising the series.
5. It is against that backdrop that the Court now proceeds to issue the following final orders in respect of the present suit:
a) A declaration that the Respondent violated the Claimant’s right to fair labour practices under Article 41(1) of the Constitution in failing to pay the Claimant’s salary in full and promptly.
b) The Claimant is awarded salary arrears in the sum of Kshs. 3,328,246.40.
c) The award in (b) shall attract interest at court rates from 11 th July 2025 until payment in full.
d) The Respondent shall remit to the Claimant the sum of Kshs. 345,016.00, being unremitted pension contributions.
e) The Respondent shall bear the costs of this suit.
f) The Respondent shall issue the Claimant with a Certificate of Service, if not already issued, within 30 days from the date of this judgment.
DATED, SIGNED and DELIVERED at NYERI this 31 ST day of JULY 2026
………………………………
STELLA RUTTO
JUDGE
In the presence of :
For the Claimant Mr. Orina
For the Respondent Mr. Kimanzi
Court Assistant Ndati
ORDER
In view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15 th March 2020 and subsequent directions of 21 st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules , which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court had been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.
STELLA RUTTO
JUDGE
2