[2015] KEELRC 399 (KLR)
The court found that the parties had mutually agreed to settle the matter out of court and that the terms of settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court exercised its discretion under Rule 27(1)(b) of the Industrial Court (Procedure) Rules 2010 to record the...
Source-derived case information.
- Citation
- [2015] KEELRC 399 (KLR)
- Parties
- Appellant: Kenya Power and Lighting Company; Respondent: Samuel Kimani Chege
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Appeal 22 of 2015
- Procedural Posture
- Employment and Labour Appeal / Appeal Withdrawn by Consent Before Hearing
- Outcome
- Appeal withdrawn by consent; judgment entered in terms of settlement.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Power and Lighting Company
Appellant
Samuel Kimani Chege
Respondent
Procedural Posture
Employment and Labour Appeal / Appeal Withdrawn by Consent Before Hearing
Legal Issues
- 1 Whether the termination of the respondent was unfair and unlawful.
- 2 Whether the appeal should be withdrawn by consent of the parties.
Ratio Decidendi
The court found that the parties had mutually agreed to settle the matter out of court and that the terms of settlement were fair, adequate, regular, and in accordance with the law. Consequently, the court exercised its discretion under Rule 27(1)(b) of the Industrial Court (Procedure) Rules 2010 to record the settlement and mark the appeal as withdrawn by consent. The court's decision was based on the principle that parties are at liberty to settle their disputes amicably and that such settlements, when found to be lawful and fair, should be endorsed by the court to bring finality to the litigation.
Court Disposition
Appeal withdrawn by consent; judgment entered in terms of settlement.
Orders
- The entire appeal is marked as withdrawn by consent of the parties.
- Judgment is entered in terms of the parties' proposal.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
APPEAL NUMBER 22 OF 2015
BETWEEN
KENYA POWER AND LIGHTING COMPANY……………………………APPELLANT
VERSUS
SAMUEL KIMANI CHEGE…………………………………………………RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Mr. Tole Advocate, instructed by Ndegwa Muthama Katisya & Associates Advocates for the Claimant
Gikandi & Company Advocates for the Respondent absent.
______________________________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
JUDGEMENT
[Rule 27[1][b] of the Industrial Court [Procedure Rules 2010]
1. The Appellant filed its Memorandum of Appeal on 11th June, 2015.
2. The Appeal came up for mention on 14/10/2015. 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) By consent, the entire Appeal is marked as withdrawn.
4. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.
IT IS ORDERED:-
a. Judgment is entered in terms of the Parties’ proposal above.
Dated and delivered at Mombasa this 14th day of October, 2015
James Rika
Judge