[2015] KEELRC 1325 (KLR)
The court determined that the consent filed by the parties on 5th March 2015 constituted a fair, adequate, and lawful settlement of the dispute regarding alleged unfair and unlawful termination. In the absence of a response from the respondent and upon the claimant's counsel's confirmation of the consent, the court...
Source-derived case information.
- Citation
- [2015] KEELRC 1325 (KLR)
- Parties
- Claimant: Mkoma Mturi Mazera; Respondent: Kilifi Mariakani Water & Sewerage Company
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 8 of 2015
- Procedural Posture
- Employment Cause / Settlement by Consent Before Hearing
- Outcome
- Matter marked as settled by consent.
- 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
Mkoma Mturi Mazera
Claimant
Kilifi Mariakani Water & Sewerage Company
Respondent
Procedural Posture
Employment Cause / Settlement by Consent Before Hearing
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the consent filed by the parties constitutes a fair and adequate settlement.
Ratio Decidendi
The court determined that the consent filed by the parties on 5th March 2015 constituted a fair, adequate, and lawful settlement of the dispute regarding alleged unfair and unlawful termination. In the absence of a response from the respondent and upon the claimant's counsel's confirmation of the consent, the court marked the matter as settled in accordance with the terms agreed by the parties. The court's intervention was limited to ensuring the regularity and legality of the settlement, and finding no irregularity, the consent was adopted as the final resolution of the dispute.
Court Disposition
Matter marked as settled by consent.
Orders
- The matter is marked as settled as per the Consent filed by the Parties on 5th March 2015.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 8 OF 2015
BETWEEN
MKOMA MTURI MAZERA …......................................................................... CLAIMANT
VERSUS
KILIFI MARIAKANI WATER & SEWERAGE COMPANY .................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Said holding brief for Mr. Kenzi instructed by B.W. Kenzi & Company Advocates for the Claimant
No appearance for Respondent
_________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 16th January 2015. The Respondent did not file its Statement of Response.
2. The dispute came up for mention on 5th March 2015. Mr. Said informed the Court that they have filed a consent and prayed that the matter be marked as settled.
3. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) The matter is marked as settled as per the Consent filed by the Parties on 5th March 2015.
Dated and delivered at Mombasa this 5th day of March 2015.
James Rika
Judge