Big Win for our Client at the Employment and Labor Relations Court.
Big Win for our Client at the Employment and Labor Relations Court.
As Karanja Njenga Advocates, we are proud to announce to you that our Dispute Resolution team (Robinson Maina, Wesley Muriuki, Romario Chacha and John Willys) secured a win for our clients at the Employment and Labour Relations Court.
By a judgment dated 28.02.2025, the Employment and Labour Relations Court (Lady Justice Jemimah Wanza Keli) in ELRC.C/66/2019- Rowland Thiongo Kinuthia vs. Nairobi Water and Sewerage Company Limited found in favor of the Respondent who was represented by our Dispute Resolution team headed by Robinson Maina
The Claimant had served the Respondent up until his retirement on the 25.08.2018. In between the 13 years employment period, the Claimant was transferred to 2 different stations. The Claimant therefore claimed per diem on the first transfer for the sole reason that he could not settle permanently for the 4.5 years of the transfer.
The Claimant further contended that the Respondent failed to remit income tax deductions to KRA, including pension dues.
On behalf of Nairobi City Water & Sewerage Company Limited, our team successfully demonstrated that the Claimant was on an actual transfer and therefore unworthy of any per diem. (specifically, we meritoriously demonstrated to the court the nature of per diems).
Critically, we, with tremendous success, persuaded the court that it lacked the jurisdiction to adjudicate on matters pension dues given the binding decision in Albert Chaurembo Mumba and 7 Others vs. Maurice Munya and 148 Others (2016).
The court further agreed with us that it lacked the jurisdiction in respect of unremitted tax to KRA.
Click here to access the full copy of the judgment.