Muriithi v County Government of Kiambu & another [2023] KEELRC 3405 (KLR)

Muriithi v County Government of Kiambu & another (Cause E208 of 2022) [2023] KEELRC 3405 (KLR) (19 December 2023) (Ruling)

Neutral citation: [2023] KEELRC 3405 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E208 of 2022

K Ocharo, J

December 19, 2023

Between

Naomi Wanjiku Muriithi

Claimant

and

County Government Of Kiambu

1st Respondent

Kiambu County Public Service Board

2nd Respondent

Ruling

1. The court has noted the letter dated 06. 12. 2023 by Counsel for the Claimant. True as captured in the letter, the figure that the court granted for gratuity under paragraph 38, of the judgment namely 81,090. 475 (eighty one thousand and ninety shillings, fourty seven cents) does not marry with the figure captured in the reliefs section paragraph 40 (c) as KShs.81,090,475 (eighty one million, ninety thousand and four seventy five shillings).

2. There is a typographical error, in the latter amount. It needs to be corrected.

3. Pursuant to section 99 of the Civil Procedure Act, this court’s judgment of 27th July 2023 is hereby corrected. Paragraph 40 (c) shall read KShs. 81,090. 475 to align with paragraph 38 thereof.

4. Orders accordingly.

READ, DELIVERED AND SIGNED THIS 19thDAY OF DECEMBER, 2023. ......................OCHARO, KEBIRAJUDGEIn the presence of:Mr. Wamalwa for the ClaimantOrderIn view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. 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 1B of the 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.A signed copy will be availed to each party upon payment of Court fees................................OCHARO KEBIRAJUDGE