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…There is no reference, whatsoever, to the Regulation of Wages (General) (Amendment) Order in the said judgement.…

…It is not based on the Regulation of Wages (General) (Amendment) Order, or anything concrete. It was plucked from the air. 10.…

…herein occurred on 1st February, 2022 before Wages Regulation 2022 came into effect on 1st May, 2022.…

…The wage order in place as at February 2022 was The Regulations of Wages (General) (Amendment) Order, 2018.…

…In the absence of direct proof of income, courts are required to fall back on the Regulation of Wages (General) Order.…

…The correct wage for rural general workers, as per the Regulation of wages (General) (Amendment) Order, is Kshs. 7,240.95.…

…Amendments) 2021 and not Regulation of wages (General Amendment)2018 as suggested by the Appellant. 20.…

…The trial Court proceeded to apply the Regulation of wages (General Amendments) 2021 to determine the wages of a general labourer. 21.…

…The Appellant further argued that the court wrongly relied on the repealed Regulation of Wages (General) (Amendment) Order, 2015 instead of the Regulation of Wages (General) (Amendment) Order, 2018 (Legal Notice No. 2 of…

…According to the Regulation of Wages (General) (Amendment) Order, 2018, this would be a driver (cars and light vans) where the minimum wage in Kisumu Kshs.18,319.50/-.…

…The deceased died on 14th March 2016 yet the learned trial Magistrate in awarding Damages on Loss of Dependency relied on the Regulation of Wages (General) Amendment Order 2017 which came into operation on 1st May 2017. iv…

…The trial court therefore regarded the deceased as a general labourer and applied the provisions of the Regulation of Wages (General) Amendment Order 2017. 36.…

…It is trite that where terms of employment or income is not clear, section 48(1) of the Labour Institutions Act can be applied in determining the minimum wages of workers in various categories.…

…The section provides as follows; - “48 (1) Notwithstanding anything contained in this Act or any other written law— (a)the minimum rates of remuneration or conditions of employment established in a wages order constitute…

…It was also submitted that the trial court did not consider the applicable wage of Kshs. 30,627.45 as per the Regulation of Wages (General Amendment) Order 2022. 12.…

…I have considered the Regulation of Wages (General Amendment) Order 2022 cited by the Appellants in support of their case for the applicable monthly minimum wage for a driver. 18.…

…In the absence of definite proof of earnings, courts ordinarily resort to the applicable Regulation of Wages Orders in assessing damages under the head of loss of dependency.…

…The Appellants, in their submissions dated 09th July 2024, urged the court to adopt the Regulation of Wages (Agricultural Industry) Order and proposed a multiplicand of KES.8,109.90. 27.…

…The court however adopted a multiplicand of Kshs 15 201 guided by the Regulation of Wages General amendment Orders 2022. [20] Where evidence of earnings is uncertain or inadequate, courts are entitled to revert to statutory…

…minimum wages as a guide.…

…It was the Respondent’s case that where earnings are unproven, courts may rely on minimum wages of Kshs. 12,926.55 under the Regulation of Wages (General) (Amendment) Order, 2017 . 13.…

…Matoi & another [2022] KEHC 15036 (KLR) expressly considered the Regulation of Wages (General) (Amendment) Order, 2017 , and accepted Kshs. 12,926.55 as the applicable minimum wage to guide assessment where actual earnings…

…THAT the learned trial Magistrate erred in law when he applied as the multiplicand (income) the sum of Ksh.17,561/- , being the minimum wage of a driver under the Regulation of Wages (General) (Amendment) Order, 2018, while…

…The learned trial Magistrate erred in law by failing to apply as the multiplicand (income) the sum of Ksh.7,204,95/-, being the minimum wage of a general worker in a rural set up as per the Regulation of Wages (General) (…

…The trial Magistrate however applied Minimum Wages Guidelines of 18,109.90 for a truck driver, but counsel for the appellant has contended that the minimum wages at that time was Kshs. 7,240.95 per month.…

…In my view the difference of the two amounts cannot be said to an error on the part of the Magistrate, as the minimum wages relied upon by counsel was for an unskilled person and not a deceased driver as in this case.…

…The appellant urged the court to treat the deceased as unemployed at the time of the accident and find that in the circumstances, the applicable earning should be the prevailing minimum wages as gazette by the Government.…

…It was submitted that the applicable minimum wages at the time was Kshs. 7,240.95. 12.…

…His wages were Shs 30/=. At the time of the accident he had worked for 4 days and had earned a total sum of Shs 105/=.…

…(b) Why would Daniel Mkamba, who, as the wages clerk the 1st defendant’s maintained the relevant records have mistaken the plaintiff as their employee and completed this form LD 104/1?…

…It is a practice that has gained traction, that where there is inadequate proof of income, the court resorts to the Government regulation of wages subsidiary legislation, for guidance. In Nyamira Tea Farmers Sacco vs.…

…Wilfred Nyambati Kiraita [2011] eKLR (Asike-Makhandia, J), the appellate court held that the trial court was justified in using the Regulation of Wages document to work out the multiplicand, where evidence on income was insufficient…

…The court however adopted a multiplicand of Kshs 15 000 guided by the Regulation of Wages Orders. [25] The court then applied a multiplier of 22 years and a dependency ratio of 1/2.…

…certificates and that the only way of proving earnings is equally the production of documents.’ [27] Nevertheless, where evidence of earnings is uncertain or inadequate, courts are entitled to revert to statutory minimum wages…

…That in view of the fact that there is no evidence of the deceased's future prospects and ambitions, the court should adopt the minimum wage of a general worker as provided under the relevant Regulation & Wages Order as the…

…That given that the deceased died on 26th April, 2013 and the Minimum Wages General (amendment) order, 2013 came into force on 1st May, 2013, the trial court (page 158 on the Record of Appeal) applied the Regulation of Wages…

…To resort to the provisions of Regulations of Wages Orders given from time to time by the government like; (a) in the case of Gachoki Gathuri (suing as legal Rep. of the Estate of James Kinyua Gachoki (deceased) -V- John…

…Justice Majanja held that, *as concerns the Estate of Stephen Nyamohanga, the learned magistrate relied on the Regulation of Wages (general Amendment) Order to determine the multiplicand.…