[2018] KEELRC 1008 (KLR)
The court declined to mark the matter as settled due to insufficient information to determine whether the suit was partly settled by admission or consent. Instead, the court directed the parties to comply with the terms of the consent order in cause no. 1325/2012 and the respondent's letter dated 31st October, 2017....
Source-derived case information.
- Citation
- [2018] KEELRC 1008 (KLR)
- Parties
- Applicant: James Oyugi Mangla; Respondent: Kenya National Union of Teachers; Respondent: Kenya National Union of Teachers Homa Bay Branch
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 438 of 2018
- Procedural Posture
- Employment Cause / Interlocutory Ruling on Partial Settlement and Directions
- Outcome
- Directions issued; matter not marked as settled.
- Judges
- MN Nduma
- Legal Topics
- Settlement of Employment Disputes, Consent Orders, Admissions by Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Oyugi Mangla
Applicant
Kenya National Union of Teachers
Respondent
Kenya National Union of Teachers Homa Bay Branch
Respondent
Procedural Posture
Employment Cause / Interlocutory Ruling on Partial Settlement and Directions
Legal Issues
- 1 Whether the suit was partly settled by admission and consent order in a previous cause.
- 2 Whether the matter should be marked as settled under Rule 15(1) of the Employment and Labour Relations Court (Procedure) Rules 2016.
- 3 Whether the unpaid balance should be paid forthwith or outstanding issues canvassed in the present suit.
Ratio Decidendi
The court declined to mark the matter as settled due to insufficient information to determine whether the suit was partly settled by admission or consent. Instead, the court directed the parties to comply with the terms of the consent order in cause no. 1325/2012 and the respondent's letter dated 31st October, 2017. Any outstanding issues not resolved by the consent or correspondence are to be canvassed and resolved in the present suit. The court thus deferred a final determination on settlement until compliance and clarification of outstanding matters.
Court Disposition
Directions issued; matter not marked as settled.
Orders
- Parties to comply with the terms of the consent order before Nzioki wa Makau J. in cause no. 1325/2012.
- Parties to comply with the respondent's letter dated 31st October, 2017.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 438 OF 2017
(Before Hon. Justice Mathews N. Nduma)
JAMES OYUGI MANGLA..................................................CLAIMANT
VERSUS
KENYA NATIONAL UNION OF TEACHERS....1ST RESPONDENT
KENYA NATIONAL UNION OF
TEACHERS HOMA BAY BRANCH....................2ND RESPONDENT
R U L I N G
1. The present suit is set down for hearing on 7th February, 2019. An issue arose as to whether the suit was partly settled by an admission made by the Respondent by a letter dated 3rd October, 2017 and by a consent before Nzioki wa Makau J. in cause no. 1325/2012.
2. The Claimant/Applicant sought to invoke Rule 15(1) of the Employment and Labour Relations Court (Procedure) Rules 2016 to allow the matter to be marked as settled an d therefore not to be canvassed in this matter and the unpaid balance be paid forthwith.
3. The court does not have sufficient information to make a determination on this matter and directs the parties to comply with the terms of the consent order before Nzioki wa Makau J. in cause no. 1325/2012 and as articulated by the letter of the Respondent dated 31st October, 2017. Any outstanding issues to be canvassed and resolved in the present suit.
Ruling Dated, Signed and delivered this 4th day of October, 2018
Mathews N. Nduma
Judge
Appearances
Mr. Onyony for Claimant
Mr. Awele for Respondent
Chrispo – Court Clerk