Muthini & 8 others & 9 others v Touch Down Tours Limited (Cause 2209 of 2017) [2026] KEELRC 285 (KLR) (30 January 2026) (Ruling)

Muthini & 8 others & 9 others v Touch Down Tours Limited (Cause 2209 of 2017) [2026] KEELRC 285 (KLR) (30 January 2026) (Ruling) Neutral citation: [2026] KEELRC 285 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Cause 2209 of 2017 AK Nzei, J January 30, 2026 Between Patrick Muoka Muthini & 8 others & 9 others & 9 others Claimant and Touch Down Tours Limited Respondent Ruling 1.This Court, (Dr. Jacob Gakeri, J) delivered a Judgment in this matter on 1st February, 2024, and entered Judgment in favour of the Claimants in the following terms:-“ 89.In the upshot, Judgment is entered in favour of the Claimants against the Respondent as follows:-a.Declaration that termination of the Claimant’s employment was unfair.b.One month’s salary in lieu of notice.c.Equivalent of 4 months’ salary for the 1st Claimant.d.Equivalent of 2 months’ salary for the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th and 9th Claimants.e.Costs of this suit.f.Interest at Court rates from the date hereof till payment in full.” 2.According to the said Judgment, the Hon. trial Judge did not state and/or calculate and state the amounts payable to each of the Claimants. Without such specifics in the Judgment, the Judgment delivered as aforesaid is incomplete. 3.The awarded costs of the suit are shown to have been taxed at Kshs.201,610/= vide the Taxing Officer’s Ruling delivered on 24th October, 2024. 4.Subsequently, the Claimants filed a Notice of Motion dated 15th November, 2024 seeking the following Orders:-1.That the Honourable Court do adopt the monetary amounts calculated pursuant to the Judgment of the Court as the decretal amount being:-1.1st Claimanta.One Month salary in lieu of notice ......... Kshs.40,000/=b.4 month's salary………………………………. Kshs.120,000/=Total …………................. Kshs.160,000/=2.2nd Claimanta.One month salary in lieu of notice ………Kshs.20,000/=b.2 months’ salary …………………………………Kshs.40,000/=Total …………………………Kshs.60,000/=33rd Claimanta.One month salary in lieu of notice ………..Kshs.25,000/=b.2 months’ salary …………………………..Kshs.50,000/=Total …………………………Kshs.75,000/=4.4th Claimanta.One month salary in lieu of notice ………..Kshs.20,000/=b.2 months’ salary ……………………………… Kshs.40,000/=Total …………………………Kshs.60,000/=5.5th Claimanta.One month salary in lieu of notice ………Kshs.20,000/=b.2 months’ salary ………………………………Kshs.40,000/=Total …………………………Kshs.60,000/=6.6th Claimanta.One month salary in lieu of notice ……….Kshs.20,000/=b.2 months’ salary ……………………………… Kshs.40,000/=Total …………………………Kshs.60,000/=7.7th Claimanta.One month salary in lieu of notice ……….Kshs.20,000/=b.2 months’ salary………………………………..Kshs.40,000/=Total …………………………Kshs.60,000/=8.8th Claimanta.One month salary in lieu of notice ………..Kshs.20,000/=b.2 months’ salary …..…………………………..Kshs.40,000/=Total …………………………Kshs.60,000/=9.9th Claimanta.One month salary in lieu of notice ………..Kshs.20,000/=b.2 months’ salary …..…………………………..Kshs.40,000/=Total …………………………Kshs.60,000/=2.That costs of the application be in cause. 5.The application is supported by a supporting affidavit of Namada Simoni Advocate sworn on 15th November, 2025, and sets out on its face some two grounds upon which it is predicated:-a.The Judgment has no figures as compensation to the applicants.b.The decree issued on 6th November, 2024 is not executable since it has no figures. 6.The foregoing is the application that has been placed before me for determination, and the Respondent is not shown to have filed any response to the same. 7.On 3rd March, 2025, I gave the following Orders:-“(1)Let this matter be mentioned before the Principal Judge (Court No. 1) for directions on the possibility of the matter herein being forwarded to the Hon. Justice Gakeri, in view of the Orders being sought regarding the Judge’s Judgment delivered on 1st February, 2024.(2)Mention before Court No. 1 on 25th March, 2025.(3)Notice to issue, and an affidavit of service to be filed.” 8.According to the Court’s record, when Counsel for both parties appeared before the Hon. Principal Judge on 8th May, 2025, they recorded a consent in the following terms:-“(1)By consent, the Judge who replaced Dr. Gakeri, J to hear and determine the application and all consequential processes.(2)Mention in Court 8 on 20/5/2025 for further directions.” 9.It is to be noted that the application herein is not for review of the Court’s Judgment pursuant to Rule 74 of this Court’s Rules of Procedure 2024, but seeks “adoption of monetary amounts calculated pursuant to the Judgment of the Court as the decretal amount”. 10.In my view, only the trial Judge can re-open his Judgment/decree and place therein figures that ought to have been calculated by him, based on the evidence taken by him and his findings thereon, and included in the Judgment at the time of its delivery. 11.For the foregoing reasons, I decline to determine the Notice of Motion dated 15th November, 2024, and instead make the following Orders:-a.The Court file herein shall forthwith be placed before the trial Judge, the Hon. Dr. Jacob Gakeri, J for purposes of dealing with the Claimants’ Notice of Motion dated 15th November, 2024.b.Mention before the Court’s Deputy Registrar on 4th March, 2026 for purposes of fixing a date before the Hon. trial Judge. 12.Orders accordingly. **DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30****TH****DAY OF JANUARY 2026****AGNES KITIKU NZEI****JUDGE****ORDER** This Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees.Appearance:Mr. Wanyangu for the Claimant/ApplicantNo appearance for the Respondent