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…(including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages); (p) any claim by a master, shipper, charterer or agent in respect of disbursements made on account of a ship; (q) any claim…

…(o) any claim by a master or member of the crew of a ship for wages (including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages); (p) any claim by a master, shipper, charterer or agent…

…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.…

…They allege that their claims for wages earned as master and crew of the vessel give rise to maritime liens against the vessel and are enforceable by an action in rem . 8.…

…(including any sum allotted out of wages or adjudged by a superintendent to be due by way of wages); 19.…

…allotted out of wages or adjudged by a superintendent to be due by way of wages” forms part of the jurisdiction of the High Court of Justice in England and, accordingly, by dint of section 4 of the Judicature Act, cap. 8…

…According to the learned counsel for the claimants, both the claimants and the 1st defendant are in agreement that “the claimant’s claim...is for master’s wages, seafarers’ wages, arrears of wages and repatriation costs”.…

…allotted out of wages or adjudged by a superintendent to be due by way of wages” forms part of the jurisdiction of the High Court of Justice in England and, accordingly, by dint of section 4 of the Judicature Act, forms…

…According to the learned counsel for the claimants, both the claimants and the 1st defendant are in agreement that “the claimant’s claim...is for master’s wages, seafarers’ wages, arrears of wages and repatriation costs”.…

…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.…

…employed under a contract for service and their wages were subjected to 5% Withholding Tax.…

…From the staff claim forms, it is evident that some of the locum staff’s wages were based on a daily rate while others were based on an hourly rate.…

…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 is noted that the offence was committed as a result of the accused herein attacking the deceased over the failure of the deceased to release to the accused his share of wages over some work that they had jointly carried…

…That the circumstances of the offence is that the accused confronted the deceased at a changaa den over the issue of his wages and went ahead to attack the deceased inflicting on him severe injuries which led to his death…

…Judgment, jointly and severally against the defendants, for the unpaid wages in terms of the various contracts from the date of instituting this claim to the date of the sale of the vessel F.V.…

…The 1st claimant’s claim is for unpaid wages with respect to the vessels F.V. MAAB AQUA 1 and the claim by the 1st to 9th claimants is for seafarer’s wages and arrears of the same with respect to the vessel F.V.…

…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) (…