[2014] KEELRC 45 (KLR)
The court found that the parties had freely negotiated and agreed to settle the dispute on terms that were fair, adequate, and regular. The court was satisfied that the settlement complied with the law and therefore entered an award in the agreed terms, marking the file as settled and closed.
Source-derived case information.
- Citation
- [2014] KEELRC 45 (KLR)
- Parties
- Claimant: Dennis Okara Magio; Respondent: Oshwal Academy; Respondent: Oshwal Education & Relief Board
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 35 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- settled by consent; award entered as agreed
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dennis Okara Magio
Claimant
Oshwal Academy
Respondent
Oshwal Education & Relief Board
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms agreed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had freely negotiated and agreed to settle the dispute on terms that were fair, adequate, and regular. The court was satisfied that the settlement complied with the law and therefore entered an award in the agreed terms, marking the file as settled and closed.
Court Disposition
settled by consent; award entered as agreed
Orders
- Respondents to pay the claimant Kshs.807,182 all inclusive within 21 days.
- In default of payment, the claimant is at liberty to execute.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT
AT MOMBASA
CAUSE NO. 35 OF 2014
BETWEEN
DENNIS OKARA MAGIO.......................................................................CLAIMANT
VERSUS
1. OSHWAL ACADEMY
2. OSHWAL EDUCATION & RELIEF BOARD.........................RESPONDENTS
Rika J.
Court Assistant: Benjamin Kombe
Ms. Mutuku Advocate instructed by Lamenya Katee & Company Advocates for the Claimant
Mr. Kitur holding brief for Oyatta instructed by Mucheru-Oyatta & Associates Advocates for the 1st & 2nd Respondents
--------------------------------------------------------------------------------------------------------------------------------
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 17th February 2014. The Respondents filed their Statement of Response on 22nd April 2014.
2. On 15th December 2014, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
(a) Respondents to pay the Claimant Kshs.807,182 all inclusive.
(b) Payment be done within 21 days.
(c) In default, the Claimant be at liberty to execute.
3. The Court is satisfied the above proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) Award is entered in terms proposed by the Parties above.
(b) File marked as settled and closed.
Dated and delivered at Mombasa this 15th day of December 2014.
James Rika
Judge