Kamwaro v Narok County Government & another (Cause E011 of 2024) [2025] KEELRC 984 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to gratuity under the employment contract
The Claimant established on formal proof a contractual entitlement to gratuity at 31% of total salary earned, but judgment limited to the balance after part-settlement, capped at Kshs. 429,447
The Claimant's claim proceeded on formal proof as the Respondents did not enter appearance or file a response. His evidence restated the Statement of Claim, establishing a contract with gratuity at 31% of total salary. However, having informed the Court he had received about Kshs. 1 million in part-settlement, the full claim of Kshs. 1,429,447 could not stand; judgment was limited to the outstanding balance capped at Kshs. 429,447.
Duty of candour in proof of quantum
A claimant must clearly disclose in evidence amounts already received and amounts outstanding
The Claimant told the Court on 29th October 2024 that he had received about Kshs. 1 million, yet in his January 2025 submissions retained the prayer for the full gratuity of Kshs. 1,429,447. He did not clarify in evidence how much had been received. The Court criticised this lack of candour and adjusted the award accordingly.
Legal principles established
#- A claimant who has received part-settlement cannot recover the full claimed amount and must candidly disclose to the court the amounts received and outstanding
Court orders
#- 1.The Respondents shall pay the Claimant the balance of his gratuity entitlement if any, and in any event no more than Kshs. 429,447
- 2.No order on the costs
- 3.Interest shall accrue at court rate from the date of Judgment until payment in full
- Jurisdiction invoked
- Not expressly stated; first-instance employment claim under the Employment and Labour Relations Court's jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamwaro v Narok County Government & another (Cause E011 of 2024) [2025] KEELRC 984 (KLR)", Case Analysis (2025). Not stated in the judgment as supplied. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/984/eng@2025-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.