[2022] KEELRC 12 (KLR)
The court found that the parties had freely entered into a consent settling the claim for Kshs 130,000 inclusive of costs, with the amount already deposited with the claimant's counsel. There being no dispute as to the terms or voluntariness of the consent, the court adopted the consent as its judgment and marked...
Source-derived case information.
- Citation
- [2022] KEELRC 12 (KLR)
- Parties
- Applicant: Omar Cheruiyot Kipkemboi; Respondent: Lake Fill Station
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 71 of 2018
- Procedural Posture
- Employment Cause / Judgment
- Outcome
- Claim settled by consent; judgment entered for claimant as per consent.
- Judges
- S Radido
- Legal Topics
- Settlement Agreement, Consent Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omar Cheruiyot Kipkemboi
Applicant
Lake Fill Station
Respondent
Procedural Posture
Employment Cause / Judgment
Legal Issues
- 1 Whether the consent filed by the parties should be adopted as the judgment of the court.
- 2 Whether the claimant is entitled to the agreed sum in full and final settlement.
Ratio Decidendi
The court found that the parties had freely entered into a consent settling the claim for Kshs 130,000 inclusive of costs, with the amount already deposited with the claimant's counsel. There being no dispute as to the terms or voluntariness of the consent, the court adopted the consent as its judgment and marked the matter as settled.
Court Disposition
Claim settled by consent; judgment entered for claimant as per consent.
Orders
- Judgment is entered in favour of the claimant for Kshs 130,000 inclusive of costs in full and final settlement of the claim.
- The said amount is already deposited with the claimant’s counsel.
Full Case Text
Judgment text and source record
18 paragraphs
Kipkemboi v Lake Fill Station (Cause 71 of 2018) [2022] KEELRC 12 (KLR) (4 May 2022) (Judgment)
Neutral citation: [2022] KEELRC 12 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Kisumu
Cause 71 of 2018
S Radido, J
May 4, 2022
Between
Omar Cheruiyot Kipkemboi
Claimant
and
Lake Fill Station
Respondent
Judgment
1. On 10 February 2022, the Court reserved judgment to today after close of hearing.
2. However, on 24 March 2022, the partes filed a consent:(1)Judgment is entered in favour of the Claimant for Kshs 130,000/- inclusive of costs in full and final settlement of the claim.(2)The said amount is already deposited with the Claimant’s counsel.(3)The matter/Cause is hereby marked ‘Settled.’
3. The Court adopts the consent as judgment of Court.
ADOPTED IN KISUMU ON THIS 4THDAY OF MAY 2022. RADIDO STEPHEN, MCIARBJUDGECourt Assistant Chrispo Aura