Charles Thuo Muguku v K-Unity Saving and Credit Co-operative Society Limited [2017] KEELRC 801 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 1055 OF 2011

CHARLES THUO MUGUKU....………………………CLAIMANT

VERSUS

K-UNITY SAVING AND CREDIT

CO-OPERATIVE SOCIETY LIMITED ...……………………RESPONDENT

M/s Mwangi for the claimant

M/s Musungu respondent

RULING

1. This is an application to correct an error on the face of the judgment of the court which resulted in the omission of the relief for payment, for underpaid two (2) months’ salary in lieu of notice including house allowance in the sum of Kshs.70,000/=in the final order of the court.

2. The court has considered the submissions by the parties and has carefully perused the judgment it delivered on 15th Janaury 2016 and is satisfied that it omitted in error to put the relief set out in paragraph 12 (d) of the statement of claim and reproduced in the first paragraph of the judgment in its final order.

3. Accordingly, the court reviews and corrects its judgment delivered on 15th Janaury 2016 to include an award of;

Underpaid two (2) months’ salary in lieu of notice including house allowance in the sum of Kshs.70,000/= in the final order of the court.

4. No order as to costs.

Dated and delivered at Nairobi this 28th Day of April 2017

MATHEWS NDERI NDUMA

PRINCIPAL JUDGE