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Anvi Emporium Ltd v Amol (Appeal E011 of 2021) [2023] KEELRC 890 (KLR) (19 April 2023) (Ruling)

[2023] KEELRC 890 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
890
Citation
[2023] KEELRC 890 (KLR)
Decided
19 April 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree in Kisumu CMC LRC No. 429 of 2019CoramRADIDO
Holding

The Court adopts the computations by the Respondent but awards the Respondent Kshs 149,324/- as underpayments.

Facts

Anvi Emporium Ltd owed underpayments to Joel Otieno Amol, which were computed by the Appellant as Kshs 37,752/- for a period of 33 months at a daily rate of Kshs 52/-, while the Respondent computed the underpayments as Kshs 161,952/-.

Issues

  1. The validity of the Appellant's computations
  2. The applicability of the prescribed minimum wage during the employment period

Reasoning

The prescribed minimum wage was not static and there were at least two Legal Notices during the period, making the Appellant's computations casual and not based on the prevailing legal framework.

Outcome

The Respondent is awarded Kshs 149,324/- as underpayments.

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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