RULING NO. 3
1. Judgement in this suit was delivered on 29th January, 2026. In the judgment the court awarded the Claimant the following:
i. The Claimant is awarded USD 21,131.86 as consultancy fees arrears for the period February to June 2024 less Kshs 500,000.
ii. The parties shall address the court on the sum of USD 11,190 demobilization costs by way of written submissions.
iii. Pending full settlement of the sums awarded herein, the Claimant shall be permitted to continue occupying the Respondent’s company provided accommodation and to retain use of the company motor vehicle, upon which full settlement the Claimant shall immediately surrender all company property and complete the clearance process.
iv. The Respondent shall issue the Claimant with a Certificate of service.
v. The Respondent shall pay the Claimant’s costs of this suit.
vi. Interest shall accrue at court rates from date of filing suit till payment in full.
2. In judgment, the court had determined at paragraph 35 that the Claimant is entitled to demobilization fee as provided in his contract. As stated in the judgment, the amount of demobilization costs was to be addressed by way of written submissions, as the court was not satisfied that the same had been justified.
3. Both parties filed submissions. The Claimant’s submissions are dated 30th April, 2026 while the Respondent’s submissions are dated 4th May, 2026. The court has considered the submissions.
4. In its submissions the Claimant has referred the court to documents ‘1.7A’, ‘1.7B’ and ‘1.7C’ in its bundle of documents which are quotations from The Centric Moving Company, movers of household goods (1.7A), and reservation air tickets from Air Arabia for the Claimant and his spouse (1.7B and 1.7C). The total amount in the said documents equals the sum claimed being USD 11.190.
5. The Respondent has raised issues about the propriety of the court directing the Claimant to prove the item. That it is not the province of the instant submissions which are limited to proving the figure of USD 11,190 which I already found the Claimant is entitled to in the judgment.
6. The issue of approval of amount by the Respondent’s Executive Chairman is also not relevant to the subject before the court now, as this is not a review of the judgment, but the proof of the amount of an item already awarded in the judgment, that is stated to be subject to confirmation of the figure. It is worth noting that the Claimant has merely drawn the attention of the court to documents which were already before the court and has not adduced any new evidence.
7. For these reasons the court is satisfied that the amount claimed on this item has been justified by evidence that was filed by the Claimant in his initial bundle.
I accordingly confirm that the Claimant is entitled to the sum of USD11,190 on account of demobilization costs and hereby award the same.
8. The rest of the judgment remains as delivered.
DATED, SIGNED AND DELIVERED ON
THIS 18TH DAY OF JUNE, 2026