Havelock (As the legal administrator and personal representative of Hon Justice Jonathan Bowen Havelock (Rtd) - Deceased) v Judicial Service Commission of Kenya & another (Cause 1273 of 2017) [2024] KEELRC 153 (KLR) (8 February 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 153
- Citation
- [2024] KEELRC 153 (KLR)
- Decided
- 8 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabor DisputePostureAppeal from the original trialCoramLINNET NDOLO
Holding
The Court finds in favor of the Claimant for transport allowance and outstanding leave pay totaling Kshs. 3,263,370.
Facts
The deceased Judge, Jonathan Bowen Havelock, was appointed as a High Court Judge on August 23, 2011, and retired on August 16, 2014, at the age of 70. He was entitled to a transport allowance of Kshs. 122,000 per month.
Issues
- Service gratuity
- Transport allowance
- Medical insurance reimbursement
- Leave pay
- Status post retirement
Reasoning
The Court ruled in favor of the Claimant on the transport allowance and leave pay, finding that the Judge was entitled to the allowances and that the Respondents failed to provide the necessary documentation.
Outcome
The Claimant is awarded Kshs. 3,263,370 in transport allowance and outstanding leave pay.
Orders
- Transport allowance (1.3.2013-16.8.2014)......2,017,066
- Outstanding leave pay............1,246,304
- Total................................................3,263,370
Remedies
- Subject to statutory deductions and interest at court rates
- Claimant will have the costs of the case
Authorities cited
Legislation (2)
- Pensions Act
- Judicial Service Commission of Kenya Act
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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