Tallam & 72 others v Teachers Service Commission [2025] KEELRC 1164 (KLR)

Tallam & 72 others v Teachers Service Commission (Cause 25 of 2022) [2025] KEELRC 1164 (KLR) (25 April 2025) (Ruling)

Neutral citation: [2025] KEELRC 1164 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nakuru

Cause 25 of 2022

J Rika, J

April 25, 2025

Between

John C Tallam

1st Claimant

Jane Chemeli

2nd Claimant

Julius K Rotich

3rd Claimant

Sophia Nyaayo

4th Claimant

Caroline Chepkoech

5th Claimant

Caroline Chemutai

6th Claimant

Abraham Karanja

7th Claimant

Richard K Langat

8th Claimant

Jeremiah Mwangi Maina

9th Claimant

Sammy M Ngugi

10th Claimant

Mishram K Gikonyo

11th Claimant

Jane Kemunto Obuya

12th Claimant

Judy W Mwaniki

13th Claimant

Regina N Mwangi

14th Claimant

Joseph K Kuria

15th Claimant

Torore J Momanyi

16th Claimant

Patrick W Wanjohi

17th Claimant

Lydia W Gichimu

18th Claimant

Jeniffer W Kamau

19th Claimant

Elizabeth Maganjo

20th Claimant

Ruth W Thairu

21st Claimant

Ruth N Thuo

22nd Claimant

Agnes Wangari

23rd Claimant

Anne M Kanyi

24th Claimant

Virginia W Kamau

25th Claimant

David Mutai

26th Claimant

Bernard Chebbe

27th Claimant

Mary Nyaga

28th Claimant

Esther Tinega

29th Claimant

Mirriam Wanjugu

30th Claimant

Peris Nyakoyia

31st Claimant

Everlyne Mathenge

32nd Claimant

Herine Atieno

33rd Claimant

Emily Waringa

34th Claimant

Caroline Odeyo

35th Claimant

Irene Dikirr

36th Claimant

Pauline Kibinge

37th Claimant

Judith Ogam

38th Claimant

Joseph Karanja

39th Claimant

Elizabeth Cherutich

40th Claimant

Joyce Njaaga

41st Claimant

Nelson Kemoni

42nd Claimant

Hellen Oyunge

43rd Claimant

Patricia Sagwe

44th Claimant

David Too

45th Claimant

Fridah K Memba

46th Claimant

Rose Muthoni Njogu

47th Claimant

Samuel A Kasabuli

48th Claimant

Ruth W Njoroge

49th Claimant

Joshua Njoroge Mburu

50th Claimant

Everlyne Nyaboke Oyioka

51st Claimant

Millicent Mugo

52nd Claimant

Joseph Karanja

53rd Claimant

Esther N Tinega

54th Claimant

Caroline Akoth Mhando

55th Claimant

Beatrice Wakwe

56th Claimant

Rachel Lewenei

57th Claimant

Wilkister Ombagi

58th Claimant

Teresia Njau

59th Claimant

Risper Nyamemba

60th Claimant

Josiah Kirubi Njoroge

61st Claimant

Christine W Wachania

62nd Claimant

Nancy N Maina

63rd Claimant

Joyce W Wachira

64th Claimant

Consolata N Ngigi

65th Claimant

Esther M Wachira

66th Claimant

Lucy D Lemayian

67th Claimant

Jane M Nyabera

68th Claimant

Beatrice N King’ori

69th Claimant

Catherine M Kimani

70th Claimant

Zipporah K Ntengeri

71st Claimant

Alice Ngige

72nd Claimant

Muchoki M Bernard

73rd Claimant

and

Teachers Service Commission

Respondent

Ruling

1. The Claimants are Teachers, Employees of the Respondent, working on permanent and pensionable terms, within the County of Nakuru.

2. They filed a Statement of Claim, dated 29th June 2022.

3. Their grievance is that the Respondent, underpaid their house allowance, from July 2019 to October 2019. They pray the Court for: -a.Declaration that underpayment is unlawful, null and void.b.Payment of Kshs. 20,496,000 in arrears of house allowance.c.Declaration that the outcome of this Claim, shall apply to all affected Teachers.d.Costs.e.Interestf.Any other suitable relief.

4. The Claimants subsequently filed an application dated 16th May 2024, seeking leave to amend their Statement of Claim, to include 118 other Teachers.

5. The application is founded on the affidavit of the lead Claimant, John C. Tallam, sworn on 16th May 2024. He explains that the Teachers intended to be included, have the same grievances as the current Claimants.

6. The Respondent opposes the application, relying on the affidavit of its Director, Human Resource Management, Kenneth Marangu, sworn on 11th November 2024.

7. Kenneth states that the application is res judicata. The issues were adjudicated between the Parties, in a previous application, dated 12th July 2023. The Court ruled that the issue in dispute should be resolved administratively. The Court reiterated that computation of house allowance is a continuous administrative process, which cannot be micromanaged through the Court.

8. The Claim has been mentioned before the Court severally, to confirm that the Claimants [original], have correctly been mapped into the system, and are earning their correct house allowance. The application is in abuse of the doctrine of finality, the Court having ruled on the issue. The Respondent prays the Court to dismiss the application.

The Court Finds: - 9. There is nothing on record, to suggest that the doctrines of finality and res judicata, invoked by the Respondent, are applicable to the application dated 16th May 2024.

10. The Claim has not been heard, and the substantive dispute is still pending before the Court.

11. The Respondent has not exhibited a Judgment or Ruling of the Court, which addressed the prayers in the Statement of Claim, referenced at paragraph 3 of this Ruling.

12. Rule 23 of the E&LRC [Procedure] Rules, 2024, allows Parties with a similar cause of action to institute a collective Claim. Rule 34 allows for amendment of pleadings. After the close of pleadings, a Party shall only amend its pleadings with the leave of the Court.

13. Although the Claimants have invoked Order 1 Rule 1 and 9, and Order 8 Rule 3 of the Civil Procedure Rules, which are not applicable to the E&LRC, the orders sought are permissible, under the E&LRC [Procedure] 2024, Rules 23 and 34. It is ordered: -a.The Claimants are granted leave to amend their Statement of Claim within 14 days, bringing in additional Claimants.b.The Respondent shall have 14 days from the date of service, to file and serve amended Statement of Response.c.Parties to thereafter, schedule the full Claim for hearing.d.Costs in the cause.

DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY AT NAKURU, THIS 25TH DAY OF APRIL 2025. James RikaJudge