Hayanga & 45 others v Forestry & 4 others [2024] KEELRC 1320 (KLR)

Hayanga & 45 others v Forestry & 4 others (Cause E071 of 2021) [2024] KEELRC 1320 (KLR) (30 May 2024) (Judgment)

Neutral citation: [2024] KEELRC 1320 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E071 of 2021

L Ndolo, J

May 30, 2024

Between

Samson Hayanga

1st Claimant

Benjamin Bahati

2nd Claimant

Isra Daniel Wanjuhi

3rd Claimant

Ali Ramtu Bakari

4th Claimant

Calstus Wachana

5th Claimant

David Mwaruma

6th Claimant

Robinson Asira

7th Claimant

Samuel Mutai

8th Claimant

James Gathura

9th Claimant

Francis Muinda

10th Claimant

Francis Nguata

11th Claimant

Paul Oloo

12th Claimant

Amos Waweru

13th Claimant

Dr Ndegwa William

14th Claimant

Dominic Mbindyo

15th Claimant

Simon Gichomo

16th Claimant

Dominic Arodi

17th Claimant

Abraham Changara

18th Claimant

Mary Githinji

19th Claimant

Ezekiel Muigai

20th Claimant

Abdae Sedah

21st Claimant

John Nguyo

22nd Claimant

Geoffrey Nyaga

23rd Claimant

Kennedy Mwathi

24th Claimant

Naphataly Odhoch

25th Claimant

Shabani Barasa

26th Claimant

Lydia Inoti

27th Claimant

Paul Murage

28th Claimant

Mohamed Galgalo

29th Claimant

John Rotich

30th Claimant

Simon Cheptop

31st Claimant

Abdikadir Woche

32nd Claimant

Noah Eledi

33rd Claimant

Vincent Sakwa

34th Claimant

Godfrey Omusonga

35th Claimant

Peter Runanu

36th Claimant

Danson Ireri

37th Claimant

Julius Kimayu

38th Claimant

Henry Sese

39th Claimant

Wilson Lonyangole

40th Claimant

Ramadhan Munga

41st Claimant

Dominic Kyalo

42nd Claimant

Richard Adera

43rd Claimant

David Mutua

44th Claimant

Samuel Muchiri

45th Claimant

Samuel Odhiambo

46th Claimant

and

Ministry Of Environment And Forestry

1st Respondent

Kenya Meteorological Department

2nd Respondent

Public Service Commission

3rd Respondent

The National Treasury

4th Respondent

The Hon Attorney General

5th Respondent

Judgment

Introduction 1. The Claimants are present and past employees of the Kenya Meteorological Department. Their claim before the Court is for accrued and outstanding travel and subsistence allowances totaling Kshs. 11,322,800. The Respondent filed a Reply dated 19th January 2022.

2. At the trial, the 1st Claimant, Samson Hayanga and the 11th Claimant, Francis Nguata testified on their own behalf and on behalf of their co-claimants. Caroline Njoki testified for the Respondents.

The Claimants’ Case 3. The Claimants state that in the course of their employment as County Directors of Meteorological Services, they were instructed by the 1st Respondent to perform official duties away from their duty stations, without compensation in respect of subsistence, accommodation and transport expenses.

4. The Claimants’ claim is for payment of subsistence and accommodation allowances plus transport expenses incurred over the period running from March 2016 to August 2017.

5. The Claimants state that on 15th May 2019, the 1st Respondent’s Director wrote to the 2nd Respondent asking for settlement of the outstanding dues, upon which the 2nd Respondent approved payment of Kshs. 11, 322,800 to the Claimants.

The Respondents’ Case 6. In their Reply dated 19th January 2022, the Respondents admit that the Claimants’ claims are payable. They state that the 1st Respondent has been unable to settle the claims due to budgetary constraints.

7. The Respondents further state that the Kenya Meteorological Department had, by letter dated 16th March 2021, requested the Principal Secretary, Ministry of Environment and Forestry to source for funds from the National Treasury, to facilitate settlement of the claims.

8. In his response dated 22nd March 2021, the Principal Secretary advised that the request for funds be factored in the budget for the 2021/2022 financial year.

9. In conclusion, the Respondents ask for time to settle the claims.

Determination 10. By their Reply, the Respondents admit the Claimants’ claim as pleaded in the Memorandum of Claim.

11. I therefore enter judgment in favour of the Claimants in the sum of Kshs.11,322,800.

12. This amount will attract interest at court rates from the date of judgment until payment in full.

13. The Claimants will have the costs of the case.

14. Orders accordingly.

DELIVERED VIRTUALLY AT NAIROBI THIS 30TH DAY MAY 2024LINNET NDOLOJUDGEAppearance:Mr. Ombis for the ClaimantsMs. Aluoch for the Respondents