Case ID:178254

Susan Mumbua & 6 others v Navitas Limited & 2 others [2021] eKLR

Case Metadata

Case Number:

Cause 350 of 2015

Parties:

Susan Mumbua, Lorna Tsisiga, Tivender Kaur Juttla, Johannes Oluoch, Joan Wangui Kariuki, Harrison Ndwiga Muriithi & Daniel Muema Mutangili v Navitas Limited, Australian University Studies Institute (AUSI) & Ausedken Limited

Date Delivered:

29 Jun 2021

Case Class:

Civil

Court:

Employment and Labour Relations Court at Nairobi

Case Action:

Ruling

Judge(s):

Nzioki wa Makau

Citation:

Susan Mumbua & 6 others v Navitas Limited & 2 others [2021] eKLR

Court Division:

Employment and Labour Relations

County:

Nairobi

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE EMPLOYMENT

&

LABOUR RELATIONS

COURT OF KENYA AT NAIROBI

CAUSE NO. 350 OF 2015

SUSAN MUMBUA..................................................................1

ST

CLAIMANT

LORNA TSISIGA...................................................................2

ND

CLAIMANT

TIVENDER KAUR JUTTLA.....................................................3

RD

CLAIMANT

JOHANNES OLUOCH..........................................................4

TH

CLAIMANT

JOAN WANGUI KARIUKI....................................................5

TH

CLAIMANT

HARRISON NDWIGA MURIITHI........................................6

TH

CLAIMANT

DANIEL MUEMA MUTANGILI..............................................7

TH

CLAIMANT

VERSUS

NAVITAS LIMITED.............................................................1

ST

RESPONDENT

AUSTRALIAN UNIVERSITY STUDIES

INSTITUTE (AUSI).............................................................2

ND

RESPONDENT

AUSEDKEN LIMITED.........................................................3

RD

RESPONDENT

RULING

1. The Claimants/Applicants seek the review of the decision of the Court made on 9

th

February 2021. In the motion seeking the said review, it is asserted that the Court fell into a grave error in making a determination that the sum due on the decree is some Kshs. 8,708,506.75. It is argued that the sum is in excess of the amount the Court declared as due and owing.

2. It is not doubted that there is a debt due to the Claimants. As I stated on 9

th

February 2021, the decree that was issued herein was after a judgment of the Court. My brother Radido J. determined on 19

th

July 2019 that the Claimants were entitled to the reliefs he granted being the equivalent of 6 months gross wages amounting to Kshs. 6,622,158/- plus a sum that is not computed as terminal dues per the letters dated 3

rd

February 2015. The Claimants were also entitled to costs of the suit as well. The Claimants argue that the reliefs sought are in respect of the letters dated 3

rd

February 2015. As the learned Judge held as much, the parties would be the best suited to take accounts and ascertain in respect of each Claimant how much has been paid since there is no acknowledgement by the parties of the sums paid and received. It has not escaped the attention of the Court that the Respondents have been rather vague about payments and in that regard the parties must return to Court within 30 days of today clearly having set out the sums paid and if any sum is owed. The Claimants are to compute the sums received and alleged to be owing taking into account every cent paid to them and must of necessity make full disclosure. Matter to be mentioned on 29

th

July 2021.

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 29

TH

DAY OF JUNE 2021

NZIOKI WA MAKAU

JUDGE