Ngugi & 16 others v Safaricom PLC [2025] KEELRC 2130 (KLR)

Ngugi & 16 others v Safaricom PLC (Employment and Labour Relations Cause 70 of 2019) [2025] KEELRC 2130 (KLR) (17 July 2025) (Ruling)

Neutral citation: [2025] KEELRC 2130 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Employment and Labour Relations Cause 70 of 2019

MN Nduma, J

July 17, 2025

Between

Johnson Ngugi

1st Claimant

Richard Alenga Inyumili

2nd Claimant

Marftin Mutuma Miriti

3rd Claimant

James Omondi Onyango

4th Claimant

James Nguthu Musyoka

5th Claimant

Hellen Wambui Mbuuru

6th Claimant

Hawa Wanjiku Ali

7th Claimant

George Kariuki Njeru

8th Claimant

Eric Mwenda Mutuma

9th Claimant

Crispus Gachuhi Wachira

10th Claimant

Bismark Shimuli Litiema

11th Claimant

Anthony Opiyo

12th Claimant

Angela Sanja Sirengo

13th Claimant

Paul Keeru Gakinya

14th Claimant

Benard Kibet Ronoh

15th Claimant

Chris Muasya Muvaka

16th Claimant

Harun Kithinji Mbae

17th Claimant

and

Safaricom PLC

Respondent

Ruling

1. The application dated 27/5/2025 is for review of the judgment of the court delivered on 26th May 2025 in terms of Rule 75 of the ELRC (Procedure) Rules which provides:-“The court shall at the request of the parties or on its own motion cause any clerical mistake, incidental error or omission to be rectified and shall notify the parties of such rectification.”

2. The application seeks an order in the following terms:1. Spent2. The honourable court be pleased to review, correct and/or amend the judgment dated 26th May 2025 by applying the correct monthly gross salary as reflected in the Claimant’s payslips for accurate computation of compensation of the amended reliefs.3. Costs of the application.

3. The application is premised on grounds (a) to (e ) set out on the face of the Notice of Motion and buttressed in the supporting affidavit of Anthony Opiyo, the 1st Claimant/Applicant the crux of which is that the court applied the wrong gross salaries of the Claimants except the 2nd Claimant in the computation of notice and compensation awarded to the Claimants’ herein.

4. That this is an error apparent on the face of the record which the court may correct.

5. That in the witness statements all dated 16th November 2018, the Claimants’ produced as evidence their payslips which were uncontested by the Respondents during the trial.

6. That the current amount of monthly gross salaries were pleaded, proved during the hearing of the suit and were uncontested by the Respondent.

7. That the current monthly gross salaries of the Claimants as pleaded are as follows:-Claimant Monthly Gross Salary

1. Johnson Ngugi Kangiri Kshs. 342,087. 00

2. Richard Alenga Inyumili Kshs. 326,181. 95

3. Martin Mutuma Miriti Kshs. 296,994. 00

4. James Omondi Onyango Kshs. 326,181. 95

5. James Nguthu Musyoka Kshs. 326,181. 95

6. Hellen Wambui Mburu Kshs. 323,671. 21

7. Hawa Wanjiku Ali Kshs. 296,994. 00

8. George Kariuki Njeru Kshs. 287,825. 84

9. Eric Mwenda Mutuma Kshs. 303,989. 14

10. Crispus Gachuhi Wachira Kshs. 296,994. 00

11. Bismark Shimuli Litiema Kshs. 318,784. 22

12. Anthony Opiyo Kshs. 438,773. 00

13. Angela Sanja Sirengo Kshs. 318,784. 22

14. Paul Keeru Gakinya Kshs. 323,671. 21

15. Benard Kibet Ronoh Kshs. 277,000. 00

16. Chris Muasya Muvaka Kshs. 335,524. 92

17. Harold Kithinji Mbae Kshs. 323,671. 21

8. That the court grants the application as prayed.

Grounds of opposition 9. The Respondent oppose the application on grounds that it offends section 80 of the Civil Procedure Act as read with Order 45, Rule 1(2) of the Civil Procedure Rules, 2010 in that the court is functus officio in relation to its finding on the Claimants’ salary in view of the different evidence that was before it.

10. That the proposed reviews, correction and/or amendments sought by the Claimants’ are issues of evidence on the Claimants’ gross pay and the compensation awards by the court which can only be canvassed by way of an appeal.

11. Parties filed written submissions which the court has considered carefully. In the case of National Bank of Kenya Ltd versus Ndungu Njau [1977] eKLR the Court of Appeal stated:A review may be granted whenever the court considers that it is necessary to correct an apparent error or omission on the part of the court. The error or omission must be self-evident and should not require an elaborate argument to be established.”This court is satisfied it made self-evident errors on record

12. on the face of the judgment in that it overlooked the gross salaries earned by sixteen (16) Claimants reflected in their payslips adduced as evidence before court.

13. The gross salaries earned by the Claimants were not contested by the Respondent. This is clearly on error on the part of the court which the court is obliged to correct to meet the ends of justice.

14. It matters not that a notice of appeal has already been filed. That cannot prevent this court from correcting an error that was innocuously made by the court in its judgment which error if not corrected is likely to cause grave injustice to the Claimants.

15. Accordingly, the application is granted and the award of notice pay and compensation amended as follows:-1. 1st Claimant - Johnson Ngugi Kangiria.Is awarded Kshs. 342,087 in lieu of one-month noticeb.Compensation is computed at the equivalent of 10 months salary in the sum of Kshs. 3,420,870. 00. 2.3rd Claimant – Martin Mutuma Miritia.Kshs. 296,994. 00 in lieu of one-month noticeb.Compensation in the sum of Kshs. (296,994x10 months salary) Kshs. 2,969,940. 00. 3.4th Claimant – James Omondi Onyangoa.Kshs. 326,181. 95 in lieu of one-month notice.b.Compensation in the sum of Kshs. (326,181. 95x10 months’ salary) Kshs. 3,261,819. 5.4. 5th Claimant James Nguthu Musyokaa.Kshs. 326,181. 95 in lieu of one-month notice.b.Compensation in the sum of Kshs. (326,181. 95x10 months salary) Kshs. 3,261,819. 55. 6th Claimant – Hellen Wambui Mburua.Kshs. 323,671. 21 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (323,671. 21x10) Kshs. 3,236,712. 1.6. 7th Claimant – Hawa Wanjiku Alia.Kshs. 296,994. 00 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (296,994x10) Kshs. 2,969,940. 007. 8th Claimant – George Kariuki Njerua.Kshs. 287,825. 84 one-month salary in lieu of notice.b.Compensation in the sum of Kshs. (287,825. 84x10) Kshs. 2,878,258. 4.8. 9th Claimant – Erick Mwenda Murumaa.Kshs. 303,989. 14 in lieu of one-months’ notice.b.Compensation in the sum of Kshs.(303,989. 14x10) Kshs. 3,039,891. 49. 10th Claimant – Crispus Cachuhi Wachiraa.Kshs. 296,994. 00 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (296,994x10) Kshs. 2,969,940. 00. 10. 11th Claimant – Bismark Shimuli Litiemaa.One month salary in lieu of noticeb.Compensation in the sum of Kshs. (318,784. 22x10) Kshs. 3,187,842. 211. 12th Claimant – Anthony Opiyoa.Kshs. 438,773. 00 in lieu of one-months noticeb.Compensation in the sum of Kshs. (438,773x10) Kshs. 4,387,730. 0012. 13th Claimant – Angela Sanja Sirengoa.Kshs. 318,784. 22 in lieu of one-months’ notice.b.Compensation in the sum of Kshs. 3,187,842. 213. 14th Claimant - Paul Keeru Gakinyaa.Kshs. 323,671. 22 in lieu of one-months’ notice.b.Compensation in the sum of Kshs.(323. 671. 22x10) Kshs. 3,236,712. 2.14. 15th Claimant – Benard Kibet Ronnoh.a.Kshs. 277,000. 00 in lieu of one-months’ noticeb.Compensation in the sum of Kshs. (277,000x10) Kshs. 2,770,000. 00. 15. 16th Claimant – Chris Muasya Muvakaa.Kshs. 335,524. 92 in lieu of one-months’ notice.b.Compensation of Kshs. (335,524. 92x10) Kshs. 3,355,249. 216. 17th Claimant – Harold Kithinji Mbaea.Kshs. 323,671. 21 in lieu of one-months’ notice.b.Compensation in the sum of Kshs (323,671. 21x10) Kshs. 3,236,712. 1.

16. The judgment of the court dated 26th May 2025 is corrected by substituting the gross monthly salary of all the Claimants except the 2nd Claimant accordingly.

It is so ordered

DATED AT NAIROBI THIS 17TH DAY OF JULY 2025. MATHEWS NDUMAJUDGEAppearance:Mr. Change, Advocate for the ClaimantMr. Mwangi, Advocate for the RespondentMr. Kemboi – Court Assistant