[2022] KEELRC 752 (KLR)
The court found that the settlement agreement dated 5th May 2021, executed by both parties, was regular, fair, and in accordance with the Employment Act. There was no evidence of coercion or illegality, and both parties had voluntarily agreed to the terms. The court therefore endorsed the settlement agreement as its...
Source-derived case information.
- Citation
- [2022] KEELRC 752 (KLR)
- Parties
- Claimant: Farida Nakawooya; Respondent: Baker Hughes EHO Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1898 of 2016
- Procedural Posture
- Employment Cause / Ruling on Application for Settlement Endorsement
- Outcome
- Claim settled by consent; judgment entered in terms of settlement agreement; file closed.
- Judges
- J Rika
- Legal Topics
- Settlement Agreement, Employment Termination, Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Farida Nakawooya
Claimant
Baker Hughes EHO Limited
Respondent
Procedural Posture
Employment Cause / Ruling on Application for Settlement Endorsement
Legal Issues
- 1 Whether the claim has been fully settled by the parties through a settlement agreement.
- 2 Whether the settlement agreement is regular, fair, and in accordance with the Employment Act.
Ratio Decidendi
The court found that the settlement agreement dated 5th May 2021, executed by both parties, was regular, fair, and in accordance with the Employment Act. There was no evidence of coercion or illegality, and both parties had voluntarily agreed to the terms. The court therefore endorsed the settlement agreement as its judgment, thereby fully settling the claim and bringing the matter to a close.
Court Disposition
Claim settled by consent; judgment entered in terms of settlement agreement; file closed.
Orders
- Judgment is entered in terms of the Settlement Agreement dated 5th May 2021, executed by the parties.
- The file shall be marked as closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
CAUSE NUMBER 1898 OF 2016
BETWEEN
FARIDA NAKAWOOYA.......................................................CLAIMANT
VERSUS
BAKER HUGHES EHO LIMITED...............................RESPONDENT
RULING
1. In the Application dated 7th October 2021, the Respondent prays the Court to find that the Claim has fully been settled.
2. The Application is based on a Settlement Agreement, executed by the Parties, dated 5th May 2021.
3. The Court has read the Settlement Agreement and is satisfied the same is regular, fair and in accordance with the Employment Act. It is endorsed as the Judgment of this Court.
IT IS ORDERED: -
a. Judgment is entered in terms of the Settlement Agreement dated 5th May 2021, executed by the Parties.
b. The file shall be marked a closed.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 23RD DAY OF FEBRUARY 2022.
James Rika
Judge