Alividza Katsa Georgianna & 3 others v Independent Electoral and Boundaries Commission [2018] KEELRC 371 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE 1503 OF 2013

(Before Hon. Lady Justice Maureen Onyango)

ALIVIDZA KATSA GEORGIANNA...............1ST CLAIMANT

DANIEL KING’ORI MATHENGE.................2ND CLAIMANT

FAITH WANJIKU NJERU...............................3RD CLAIMANT

SAMUEL MBURU MACHUA........................4TH CLAIMANT

VERSUS

THE INDEPENDENT ELECTORAL AND

BOUNDARIES COMMISSION...........................RESPONDENT

FINAL JUDGMENT TABULATION OF

LEAVE ALLOWANCE

Judgment in this suit was prepared by Ho. Justice Mathews N. Nderi and delivered by myself on his behalf on 10th August 2018. The orders in the judgment were as follows –

a) The Claimants are declared permanent employees in terms of Section 37 (1) of the Employment Act, 2007 from the date of employment in the respective positions they served the respondent.

b) Each Claimant to be paid a month’s salary in lieu of leave days not taken for each completed year of service.

c) The Claimants who have since left the employment of the respondent to be provided with certificates of service recognizing their employment in a permanent capacity for the period served.

d) The payment in (b) above to be computed and paid within 30 days of this judgment. The amount to be paid with interest at court rates from date of filing suit till payment in full.

e) The respondent to pay the costs of the suit.

On the date of delivery of judgment I directed that parties compute the leave days payable to the claimants for final judgment on the same and fixed the matter for mention on 9th October 2018 for the confirmation of the figures.

On 9th October 2018 when the matter came up for mention only the claimants had computed.  I granted leave to the respondent to file its computation within 14 days and fixed the case for further mention on 26th November 2018.   The respondent again failed to file its computation by 26th November and further by 3rd December 2018.

The respondent having failed to compute or to confirm the computation by the claimants the court has no option but to confirm the claimants’ computation.

Final judgment on the computation of leave days is entered as follows –

1. .. Daniel Mathenge ................. Kshs.358,858.

2. .. Faith Wanjiku ....................... Kshs.358,858

3. .. Georgianna Alividza ............. Kshs.358,858

4. .. Samuel Machua .................... Kshs.252,932

Total                                    Kshs.1,329,506

Final judgment on pay in lieu of leave is confirmed accordingly.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF DECEMBER 2018

MAUREEN ONYANGO

JUDGE