Benard Bolo v Nam Lolwe Fm Limited [2015] KEELRC 380 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS AT KISUMU

CAUSE NO. 188 OF 2014

BENARD BOLO ...................................................................................CLAIMANT

VRS

NAM LOLWE FM LIMITED...........................................................RESPONDENT

RULING

By an application dated 29th July, 2015 by way of Notice of Motion filed under certificate of urgency the Applicant/Respondent seeks the following:-

That this application be certified urgent and service be dispensed with in the first instance.

That pending the hearing and determination inter partes the Honourable Court be pleased to stay all consequential proceeding emanating from the judgment of this Honourable Court dated the 2nd day of July, 2015

That at the hearing of this application inter partes this Honourable Court be pleased to review and/or vary its judgment dated 2nd day of July 2015

That costs be provided for in any event.

Counsel for the applicant appeared before me exparte on 30th July, 2015 when I certified the application urgent and granted temporary stay of execution pending inter partes hearing.

The application came up for hearing inter partes on 23rd September, 2015.  Mr. S.M. Onyango appeared for the Applicant/Respondent while Mr. M.M. Omondi appeared for the Claimant.  Mr. Omondi did not object to the application.

In the circumstances, I review the judgement dated 2nd July, 2015 at paragraph 3 and 4 to read as follows:-

3.         The Claimant was entitled to severance pay in terms of Section 40(1) (g) at the rate of 15 days per completed year of service.  The Claimant having worked for 1 year is awarded shs.7150/=

4.         Having been unfairly terminated and taking into account the length of service, I award the Claimant 6 months salary as compensation for unfair termination in the sum of Shs.85,800/=

Dated signed and delivered 1st day of  October, 2015.

MAUREEN ONYANGO

JUDGE