Kamanja & 2 others v Board of Management, Highway Secondary School [2022] KEELRC 1585 (KLR)

Kamanja & 2 others v Board of Management, Highway Secondary School (Cause 192 of 2018) [2022] KEELRC 1585 (KLR) (26 May 2022) (Ruling)

Neutral citation: [2022] KEELRC 1585 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause 192 of 2018

MN Nduma, J

May 26, 2022

Between

Daniel Ndaiga Kamanja

1st Claimant

Jackson Kutswa Shiraku

2nd Claimant

Georffrey Kiragu Kariuki

3rd Claimant

and

Board of Management, Highway Secondary School

Respondent

Ruling

1. The Court mandated the parties to file computation of the decretal sum pursuant to the judgment of Hon. Byram Ongaya delivered on 9th April, 2020.

2. The claimants have filed their computation dated 21st June, 2021 whereas the respondents have failed to file their computation despite opportunity given to them by the Court to do so on several occasions.

3. The Court adopts the computation dated 21st June, 2021 as part of the judgment delivered by Hon. Ongaya J. dated 9th April, 2020.

4. Accordingly, Judgment is entered in favour of the claimants against the respondents for a total sum of Kshs 9,253,665 as set out in the said computation. The computation dated 21st June, 2021 is deemed an annex to the said judgment dated 9th April, 2020.

5. It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF MAY, 2022. MATHEWS N. NDUMAJUDGEORDERIn view of the declaration of measures restricting court of operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 15th March 2020, this ruling has been delivered to the parties online with their consent. They have waived compliance with Order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court has been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 18 of the Civil Procedure Act (chapter 21 of the Laws of Kenya) which impose on this court the duty of the court,inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.MATHEWS N. NDUMAJUDGEAppearances:-Mr. Were for ClaimantM/s Chesiyna for RespondentEkale – court Assistant