[2015] KEELRC 1347 (KLR)
The court found that the parties had reached a lawful and fair settlement regarding the claim for unfair and unlawful termination. The terms of the settlement, including the payment of Kshs.77,000 to the claimant in six equal monthly instalments, were deemed adequate and in accordance with the law. The court...
Source-derived case information.
- Citation
- [2015] KEELRC 1347 (KLR)
- Parties
- Claimant: Lawrence Kosgey; Respondent: Portnet Engineering Services T/A Gee & Pikii Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 412 of 2013
- Procedural Posture
- Employment Cause / Settlement and Award
- Outcome
- Claim allowed by consent; award entered in terms of settlement.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Kosgey
Claimant
Portnet Engineering Services T/A Gee & Pikii Limited
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the claimant is entitled to compensation as agreed in the settlement.
Ratio Decidendi
The court found that the parties had reached a lawful and fair settlement regarding the claim for unfair and unlawful termination. The terms of the settlement, including the payment of Kshs.77,000 to the claimant in six equal monthly instalments, were deemed adequate and in accordance with the law. The court therefore entered judgment in terms of the parties' proposal, making the settlement binding and enforceable as an award of the court.
Court Disposition
Claim allowed by consent; award entered in terms of settlement.
Orders
- Judgment is entered for the claimant for Kshs.77,000 all inclusive.
- Payment to be made in 6 equal monthly instalments of Ksh.12,833 effective 30th April 2015 and on the 30th day of each succeeding month.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 412 OF 2013
BETWEEN
LAWRENCE KOSGEY ....................................................... CLAIMANT
VERSUS
PORTNET ENGINEERING SERVICES
T/A GEE & PIKII LIMITED ….............................................. RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Magia holding brief for Mr. Mwarandu instructed by J.K. Mwarandu & Company Advocates for the Claimant
Mr. Wachira advocate instructed by Muraya & Wachira Advocates for the Respondent
___________________________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 26th November 2013. The Respondent filed its Statement of Response on 15th January 2014.
On 3rd March 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
a) Judgment is entered for the Claimant for Kshs.77,000 – all inclusive.
b) Payment be made in 6 equal monthly instalments of Ksh.12,833 effective 30th April 2015 and on 30th day of each succeeding day of the month.
c) In default, Claimant be at liberty to execute.
The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) Award entered in terms of the Parties' proposal above.
Dated and delivered at Mombasa this 3rd day of March 2015.
James Rika
Judge