John Mugo Murumia v Attorney General [2015] KEELRC 1175 (KLR)

Summary at a glance

Facts

The claimant, John Mugo Murumia, was employed as a cook at Kianyaga High School from July 1984 to November 2006. He filed a lawsuit for unpaid salary, leave balance, annual leave, salary in lieu of notice, and service gratuity. The respondent, the Attorney General, denied the claimant's entitlement to gratuity under the collective bargaining agreement.

Issues

• Whether the claimant was a member of a trade union and therefore entitled to gratuity under the provisions of the collective bargaining agreement (CBA)
• Whether the claimant was entitled to further gratuity under the CBA

Reasoning

The court determined that the claimant was not a member of a trade union and thus not entitled to gratuity under the CBA. The court also found that the claimant had already been sufficiently paid the gratuity under contract and statutory provisions.

Outcome

Judgment entered in the suit with orders that the claimant was not entitled to further gratuity under the CBA and that the respondent would pay 50% of the costs of the suit.

Orders

• Declaration that the claimant was not entitled to further gratuity under the CBA
• Payment of 50% of the costs of the suit by the respondent

Remedies

• Declaration that the claimant was not entitled to further gratuity under the CBA
• Payment of 50% of the costs of the suit by the respondent

Authorities cited