Abdi v Governor, Kakamega County Government & 2 others (Employment and Labour Relations Petition E004 of 2022) [2023] KEELRC 1105 (KLR) (4 May 2023) (Ruling)

Summary at a glance

Facts

The petitioner, Abdi, was suspended from his position as Chief Executive Officer of the Kakamega County Water and Sanitation Company Limited. The court awarded unpaid salary from February 2022 to the date of judgment, but the petitioner claimed he was receiving half pay from February 2022 to January 2023.

Issues

• Whether the court's judgment and award should be reviewed and set aside
• Whether the petitioner was unjustly enriched if execution proceeds without the review

Reasoning

The court found that the petitioner was paid full salary in February 2023 and that the error in the tabulation in Order 5 was self-evident, leading to unjust enrichment if the judgment was enforced without review.

Outcome

Application allowed, Order 5 of the judgment reviewed

Orders

• Order 5 of the judgment reviewed to read: '5. That the payment of special damages from February 2022 to-date is considered sufficient compensation for the violations committed by the respondents against the petitioner. The unpaid net salary is calculated applying the gross salary of Kshs. 395,000/- minus paid sum of Kshs. 175,000 for 12 months total sum of Kshs 2,640,000/- (award amount payable subject to statutory deductions) total payable Kshs. 1,848,000/-.'

Remedies

• The petitioner is awarded Kshs. 1,848,000/- as special damages for the violations committed by the respondents against him

Authorities cited