[2015] KEELRC 910 (KLR)
The court found that the parties had reached a mutually agreed settlement regarding the claim for unfair and unlawful termination. The respondent did not contest the claim, and both parties, through their advocates, requested the court to record the settlement. The court examined the terms and was satisfied that...
Source-derived case information.
- Citation
- [2015] KEELRC 910 (KLR)
- Parties
- Claimant: Cyprian Nyachae Monani; Respondent: Metric Inn Company Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 22 of 2015
- Procedural Posture
- Employment Cause / Settlement Recorded
- Outcome
- settled by consent; judgment entered for claimant as per settlement
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Settlement Agreement, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cyprian Nyachae Monani
Claimant
Metric Inn Company Limited
Respondent
Procedural Posture
Employment Cause / Settlement Recorded
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties' out-of-court settlement should be adopted as the judgment of the court.
Ratio Decidendi
The court found that the parties had reached a mutually agreed settlement regarding the claim for unfair and unlawful termination. The respondent did not contest the claim, and both parties, through their advocates, requested the court to record the settlement. The court examined the terms and was satisfied that they were fair, adequate, regular, and lawful. Accordingly, the court entered judgment in accordance with the settlement, awarding the claimant the agreed sum and costs, and ordered payment within the stipulated period.
Court Disposition
settled by consent; judgment entered for claimant as per settlement
Orders
- Judgment is entered for the claimant for Kshs 32,100.
- Costs of Kshs 25,000 awarded to the claimant.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 22 OF 2015
BETWEEN
CYPRIAN NYACHAE MONANI............................ CLAIMANT
VERSUS
METRIC INN COMPANY LIMITED .................. RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Omari Advocate, instructed by D.N. Omari & Company Advocates for the Claimant
Mr. Munyala Advocate holding brief for Mr. Mwakireti Advocate, instructed by Mwakireti Ndumia & Company Advocates for the Respondent
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 26th January 2015. The Respondent did not file its Statement of Response.
2. The dispute came up for mention on 19th May 2015. The Parties' Advocates informed the Court that the Parties have agreed out of Court, and asked the Court to record settlement, in the following terms:-
a) Judgment is entered for the Claimant for Kshs 32,100
b) Costs of Kshs 25,000
c) Payment within 45 days
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) Award is entered in terms of the Parties' proposal above.
Dated and delivered at Mombasa this 19th day of May 2015.
James Rika
Judge