Wanjau v Agriculture, Fisheries & Food Authority (Pyrethrum & Industrial Crops Directorate) [2022] KEELRC 12812 (KLR)

Wanjau v Agriculture, Fisheries & Food Authority (Pyrethrum & Industrial Crops Directorate) (Cause 313 of 2015) [2022] KEELRC 12812 (KLR) (22 September 2022) (Ruling)

Neutral citation: [2022] KEELRC 12812 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nakuru

Cause 313 of 2015

DN Nderitu, J

September 22, 2022

Between

Leonard Matu Wanjau

Claimant

and

Agriculture, Fisheries & Food Authority (Pyrethrum & Industrial Crops Directorate)

Respondent

Ruling

1. In a ruling dated and delivered on February 15, 2022, and specifically in paragraph 33 thereof, this court directed counsel for the parties herein to engage and agree on the balance of the decretal sum that was due and payable. The court gave a guideline of what it considered to be a road map for both counsel to arriving at the same amount by way of simple arithmetic.

2. However, as it turns out, mathematics is not a favourite subject in legal circles and counsel for the parties are unable to agree on or arrive at the same balance due and payable to the decree holder. This situation has left this court with no option other than to do the arithmetic and render a ruling on the balance now due and payable.

3. This court now calculates the said balance as hereunder:a.Amount awarded on July 18, 2019 - kshs 2,301,384. 80b.Interest thereon August 2021to December,2020 at 14% per annum(17/12 x 14/100 x 2,301,384. 80 - kshs 456,441. 30c.½ costs as awarded on December 18, 2019(1/2 x kshs 206,913) - kshs 103,456. 50d.Interest on the above costs from January,2020 to December, 2020 at 14% per annum(14/100 x 12/12 x 103,456. 50 - kshs 14,484. 90e.Total so far - kshs 2,875,766. 50f.Less paid on December 11, 2020 - kshs 1,540,000. 00g.Balance as at December 31, 2020 - kshs 1,335,766. 50h.Interest thereon from January, 2021 toFebruary, 2022 at 14% per annum(14/100 x 14/12 x 1,335,766. 50) - kshs 218,175. 20i.Total thereafter - kshs 1,553,941. 70j.Less paid on March 8, 2022 in twoCheques - kshs 1,144,100. 00k.Balance due as at March, 2022 - kshs 409,841. 70l.Interest thereon March, 2022 toJune 30, 2022 @14% per annum(14/100 x 4/12 x409,841. 70) - kshs 19,125. 90m.Balance due as at June 30, 2022 - kshs 428,967. 90

4. Since this matter has been pending for this ruling since June 13, 2022 any further interest on the balance above is waived so long as the judgment-debtor settles the same within 30 days of the date hereof. However, if the judgment debtor fails to settle the balance within 30 days of this ruling the conditional waiver on interest shall stand lifted.

DATED, SIGNED, AND DELIVERED VIRTUALLY AT NAKURU THIS 22ND DAY OF SEPTEMBER, 2022. …………………DAVID NDERITUJUDGE