Orodo v University of Nairobi [2024] KEELRC 1539 (KLR)

Orodo v University of Nairobi (Employment and Labour Relations Cause 1191 of 2018) [2024] KEELRC 1539 (KLR) (13 June 2024) (Ruling)

Neutral citation: [2024] KEELRC 1539 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Employment and Labour Relations Cause 1191 of 2018

MN Nduma, J

June 13, 2024

Between

Reuben Ondigu Orodo

Claimant

and

University of Nairobi

Respondent

Ruling

1. Court delivered judgment on 5/10/2023 and directed at paragraph 42(c):“Overtime from 13/7/2015 to 30/6/2017 calculated at 7 hours x 6 days x 4 weeks x 184. 75 hourly pay x 1. 5. Computation to be done and filed within 30 days of judgment by the respondent failing which the claimant is to file the computation within 45 days of judgment.”

2. The respondent made its computation dated 14/9/2023 for the period July 2015 to June 2017 in the sum of Kshs.715,005. 00 whereas the claimant filed a response to the respondent’s computation dated 10/11/2023 in the sum of Kshs.1,103,788. 88.

3. The respondent did not demonstrate in its computation the formula it used to arrive at a sum of Kshs.715,005. 00 whereas the claimant used the exact formula provided by the court in paragraph 42(c) of the judgment.

4. The court finds that the computation filed by the claimant to be the correct one in the sum of Kshs.1,103,788. 88 and adopts the same as part of the judgment of the court dated 5/10/2023.

5. In the final analysis, overtime payable by the respondent to the claimant in terms of paragraph 42(c) of the judgment of the court dated 5/10/2023 is Kshs.1,103,788. 88.

DATED AT NAIROBI THIS 13TH DAY OF JUNE, 2024MATHEWS NDERI NDUMAJUDGEAppearance:Mr. Onenga for claimantMr. Kipkorir for respondentMr. Kemboi, Court Assistant