Praxedes Adhiambo Otieno v Kenya Broadcasting Corporation [2018] KEELRC 1154 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF

KENYA AT NAIROBI

CAUSE NO 1255 OF 2013

PRAXEDES ADHIAMBO OTIENO...........................CLAIMANT

AND

KENYA BROADCASTING CORPORATION......RESPONDENT

RULING

1. The court has reviewed the application dated 3rd May, 2018 and is persuaded that there was indeed an error in computing the quantum of compensation payable to the claimant which as per section 49 (c) should be computed using the gross pay and not basic pay as was the case here.  The application for review is therefore allowed to the extent that the judgment of the court delivered on 8th December, 2017 is hereby amended to indicate the claimant’s gross pay of Kshs.187,635/= as the base rate for computing the ten (10) month’s salary compensation.

2. The correct quantum of compensation is amended to be Kshs.1,876,350/=.

3. There will be no order as to costs.

4. It is so ordered.

Dated at Nairobi this 21st day of September, 2018

Abuodha J. N.

Judge

Delivered at Nairobi this 21st day of September, 2018

Abuodha J. N.

Judge

In the presence of:-

…………………………………for the Claimant

……………………………….for the Respondent.