[2014] KEELRC 212 (KLR)
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claimant's allegations of unfair and unlawful dismissal. The court approved the settlement terms, which included payment of compensation and costs to the claimant, and ordered the matter marked as settled. The court's...
Source-derived case information.
- Citation
- [2014] KEELRC 212 (KLR)
- Parties
- Claimant: Geoffrey Kimweli Mwadundu; Respondent: Kaluworks Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 238 of 2014
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Claim allowed by consent; settlement recorded as judgment.
- Judges
- J Rika
- Legal Topics
- Unfair Dismissal, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kimweli Mwadundu
Claimant
Kaluworks Limited
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the claimant was unfairly and unlawfully dismissed from employment.
- 2 Whether the claimant is entitled to compensation and costs as agreed in the settlement.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claimant's allegations of unfair and unlawful dismissal. The court approved the settlement terms, which included payment of compensation and costs to the claimant, and ordered the matter marked as settled. The court's decision was based on the principle that mutually agreed settlements in employment disputes are enforceable when they comply with the law and are not contrary to public policy.
Court Disposition
Claim allowed by consent; settlement recorded as judgment.
Orders
- Judgment for the claimant against the respondent for Kshs.151,878 inclusive of all interest.
- Respondent to pay claimant's advocate's costs at Kshs.50,000 inclusive of disbursements.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 238 OF 2014
BETWEEN
GEOFFREY KIMWELI MWADUNDU ............................... CLAIMANT
VERSUS
KALUWORKS LIMITED ........................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe for Claimant
Mr. Nanji for Respondent
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ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL DISMISSAL
AWARD
The Claimant filed his Memorandum of Claim on 20th May 2014. The Respondent filed its Memorandum of Reply on 7th July 2014.
On 13th October 2014, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
(a) Judgment for the Claimant against the Respondent for a total of Kshs.151,878/- inclusive of all interest.
(b) Respondent to pay Claimant's Advocate's costs of this Cause at Kshs.50,000/- inclusive of disbursements.
(c) The two sums be paid within 15 days, in default execution to issue.
(d) Certificate of Service to issue afresh to the Claimant.
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, and file marked as settled.
Dated and delivered at Mombasa this 13th day of October 2014.
James Rika
Judge