[2014] KEELRC 216 (KLR)
The court found that the consent settlement reached by the parties was adequate, regular, and in accordance with the law. The court therefore marked the claim as settled and entered an award in terms of the parties' consent. The court's decision was based on the principle that a consent judgment, once adopted by the...
Source-derived case information.
- Citation
- [2014] KEELRC 216 (KLR)
- Parties
- Claimant: Mahmoud Mbarak Said & 2 Others; Respondent: Doctors Worldwide-Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 271 of 2014
- Procedural Posture
- Employment Claim / Consent Judgment/settlement
- Outcome
- Claim settled by consent; award entered as per 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
Mahmoud Mbarak Said & 2 Others
Claimant
Doctors Worldwide-Kenya
Respondent
Procedural Posture
Employment Claim / Consent Judgment/settlement
Legal Issues
- 1 Whether the termination of the claimants' employment was unfair and unlawful.
- 2 Whether the parties' consent settlement is adequate and in accordance with the law.
Ratio Decidendi
The court found that the consent settlement reached by the parties was adequate, regular, and in accordance with the law. The court therefore marked the claim as settled and entered an award in terms of the parties' consent. The court's decision was based on the principle that a consent judgment, once adopted by the court, is binding on the parties, provided it is lawful and regular. The court was satisfied that the settlement addressed the claimants' grievances regarding unfair and unlawful termination and included agreed costs, thus resolving the dispute fully and finally.
Court Disposition
Claim settled by consent; award entered as per settlement.
Orders
- The claim is marked as settled and award entered in terms of the parties' consent.
- The respondent to pay the claimants a total of Kshs.168,961 in full settlement within 45 days of filing the consent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 271 OF 2014
BETWEEN
MAHMOUD MBARAK SAID & 2 OTHERS ............................................... CLAIMANT
VERSUS
DOCTORS WORLDWIDE-KENYA ...................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Asewe for Claimant
Ms. Onesmus for Mr. Asige for Respondent
-------------------------------------------------------------------------------------
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimants filed his Statement of Claim on 17th June 2014. The Respondents entered appearance on 1st July 2014. On 29th August 2014, the Parties filed a Consent, proposing settlement as follows:-
(a) Each Claimant to receive the following:
1ST CLAIMANT …...................................... KSHS.40,160
2ND CLAIMANT ….................................... KSHS.65,401
3RD CLAIMANT …..................................... KSHS.53,400
(b) Throwaway Advocate's costs as agreed in the sum of Kshs.10,000.
(c) Therefore, a total payment of Kshs.168,961 be made to the Claimants in respect of their Claim herein.
(d) The above mentioned settlement sum be paid in full within 45 days of filing the Consent hereof, after which the suit shall be marked as settled.
2. The Court is satisfied the proposal is adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(I) This Claim is marked as settled, and Award entered in terms of the Parties' Consent shown above.
Dated and delivered at Mombasa this 6th day of October 2014.
James Rika
Judge