[2015] KEELRC 1345 (KLR)
The court found that the consent filed by the parties on 27th February 2015 was fair, adequate, regular, and made in accordance with the law. Consequently, the court adopted the consent as its award, thereby resolving the dispute on the basis of the mutually agreed terms between the claimants and the respondent.
Source-derived case information.
- Citation
- [2015] KEELRC 1345 (KLR)
- Parties
- Claimant: Morgan Mwamonde Gamoyoni; Claimant: Nathan Jackson Misoga; Respondent: K.K. Group of Companies
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 230 of 2014
- Procedural Posture
- Employment Cause / Award on Consent
- Outcome
- Award entered in terms of the consent filed by the parties.
- 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
Morgan Mwamonde Gamoyoni
Claimant
Nathan Jackson Misoga
Claimant
K.K. Group of Companies
Respondent
Procedural Posture
Employment Cause / Award on Consent
Legal Issues
- 1 Whether the termination of the claimants' employment was unfair and unlawful.
- 2 Whether the consent filed by the parties should be adopted as the award of the court.
Ratio Decidendi
The court found that the consent filed by the parties on 27th February 2015 was fair, adequate, regular, and made in accordance with the law. Consequently, the court adopted the consent as its award, thereby resolving the dispute on the basis of the mutually agreed terms between the claimants and the respondent.
Court Disposition
Award entered in terms of the consent filed by the parties.
Orders
- Award entered in terms of the consent filed in court on 27.2.2015.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 230 OF 2014
BETWEEN
1. MORGAN MWAMONDE GAMOYONI
2. NATHAN JACKSON MISOGA ............................... CLAIMANTS
VERSUS
K.K. GROUP OF COMPANIES ........................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Claimants in person
Mr. Makokha for the Respondent
___________________________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimants filed their Statement of Claim on 9th May 2014. The Respondent filed its Statement of Response on 12th September 2014.
The dispute came up for mention on 2nd March 2015. Mr. Makokha informed the Court that they have filed a consent and prayed that it be adopted as the Award of the Court.
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 Consent filed in court on 27. 2.2015.
Dated and delivered at Mombasa this 2nd day of March 2015.
James Rika
Judge