Githinji & 131 others v Kenya Medical Research Institute & 6 others (Cause 1545 of 2018) [2023] KEELRC 2767 (KLR) (26 October 2023) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 2767
- Citation
- [2023] KEELRC 2767 (KLR)
- Decided
- 26 October 2023
The court found the Claimants' suit is not res judicata and the claims of the 37 identified Claimants should not be struck out. The Claimants have established a cause of action against the 4th, 5th, 6th, and 7th Respondents and have proved pay discrimination.
Facts
The Claimants are employees of Kenya Medical Research Institute (KEMRI) who allege pay discrimination in the implementation and payment of various allowances. They seek a declaration of discrimination and orders for payment of allowances.
Issues
- Whether the Claimants' suit is res judicata
- Whether the claims of 37 identified Claimants should be struck out
- Whether the Claimants have established a cause of action against the 4th, 5th, 6th, and 7th Respondents
- Whether the Claimants have proved pay discrimination
Reasoning
The court ruled that the previous case (UNRISK vs. KEMRI) did not preclude the current case due to the different parties and procedures involved. The court also noted that the Claimants have a union representing their interests in allowances.
Outcome
The court ordered the 1st Respondent to implement the 2 Circulars regarding allowances.
Orders
- The 1st Respondent to implement the 2 Circulars regarding allowances
Remedies
- Declaration of pay discrimination
- Payment of allowances
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Procedure Act
Cases cited (4)
- Union of National Resource and Allied Institutes Sta of Kenya (UNRISK) vs. Kenya Medical Reserve Institute (2017) eKLR
- TSS Grain Millers vs. NIC, High Court Civil Suit No. 13 of 2018
- Nyanza Garage Ltd vs. Attorney General HCC No. 450 of 1993
- Okiya Omtatah Okoiti & Another vs. KEMRI Board of Management, Director & 4 others; Salaries and Remuneration Commission (Interested Party) (2019) eKLR
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