[2014] KEELRC 196 (KLR)
The court found that the parties had freely negotiated and agreed to a settlement, which provided for payment of Kshs.100,000 to the claimant within 15 days. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Accordingly, the court adopted the settlement as its...
Source-derived case information.
- Citation
- [2014] KEELRC 196 (KLR)
- Parties
- Claimant: Abdul Fadhil Abdullrwahman; Respondent: Doctors Worldwide
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 169 of 2014
- Procedural Posture
- Employment Cause / Settlement Before Judgment
- Outcome
- settled_by_consent
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Fadhil Abdullrwahman
Claimant
Doctors Worldwide
Respondent
Procedural Posture
Employment Cause / Settlement Before Judgment
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties' settlement terms are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had freely negotiated and agreed to a settlement, which provided for payment of Kshs.100,000 to the claimant within 15 days. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law. Accordingly, the court adopted the settlement as its judgment and ordered that the matter be marked as settled upon payment. The court's decision was based on the principle that parties are at liberty to settle their disputes and that such settlements, when found to be lawful and fair, should be endorsed by the court.
Court Disposition
settled_by_consent
Orders
- Judgment entered against the respondent in favour of the claimant in the sum of Kshs.100,000 all-inclusive.
- Payment to be made within 15 days from the date of the order.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 169 OF 2014
BETWEEN
ABDUL FADHIL ABDULLRWAHMAN ...............................CLAIMANT
VERSUS
DOCTORS WORLDWIDE..............................................RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe for the Claimant
Ms. Kaguri for the Respondent
---------------------------------------------------------------------------------------
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Memorandum of Claim on 3rd April 2014. He filed an ammended Memorandum of Claim on 17th June 2014. The Respondent filed its Statement of Reply on 8th July 2014.
2. The dispute came up for hearing on 27th October 2014. Mr. Asewe for the Claimant informed the Court that Parties have reached Settlement, in the following terms:-
(I) Judgment be entered against the Respondent in favour of the Claimant in the sum of Kshs.100,000 all-inclusive.
(ii) Payment be done within 15 days from today.
(iii) The matter be marked as settled upon payment.
3. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) The matter shall be marked as settled on the terms proposed by the Parties above.
Dated and delivered at Mombasa this 27th day of October, 2014.
James Rika
Judge