[2025] KEELRC 1298 (KLR)
The court found that the parties had reached a binding settlement, as evidenced by the consent filed on 15 April 2025. There was no legal impediment to adopting the consent, and the terms were clear: judgment for the Claimant for USD 11,240, with the Respondent to pay USD 10,678 after withholding 5%. Payment was to...
Source-derived case information.
- Citation
- [2025] KEELRC 1298 (KLR)
- Parties
- Applicant: Jefferson Mugendi; Respondent: Gitxn Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E464 of 2024
- Procedural Posture
- Employment Cause / Judgment After Consent
- Outcome
- Claim allowed by consent; judgment entered for Claimant as per settlement.
- Judges
- S Radido
- Legal Topics
- Unfair Termination, Breach of Employment Contract, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jefferson Mugendi
Applicant
Gitxn Kenya Limited
Respondent
Procedural Posture
Employment Cause / Judgment After Consent
Legal Issues
- 1 Whether the termination of the Claimant's employment was unfair.
- 2 Whether the Respondent breached the employment contract.
- 3 Whether the parties' consent should be adopted as judgment.
Ratio Decidendi
The court found that the parties had reached a binding settlement, as evidenced by the consent filed on 15 April 2025. There was no legal impediment to adopting the consent, and the terms were clear: judgment for the Claimant for USD 11,240, with the Respondent to pay USD 10,678 after withholding 5%. Payment was to be made within seven days, each party to bear its own costs, and the matter to be marked as settled and the file closed upon payment. The court accordingly adopted the consent as the judgment of the court, thereby resolving all issues in dispute.
Court Disposition
Claim allowed by consent; judgment entered for Claimant as per settlement.
Orders
- Judgment entered for the Claimant against the Respondent for USD 11,240.
- Respondent to pay Claimant USD 10,678 after withholding 5% of USD 11,240.
Full Case Text
Judgment text and source record
24 paragraphs
Mugendi v Gitxn Kenya Limited (Cause E464 of 2024) [2025] KEELRC 1298 (KLR) (8 May 2025) (Judgment)
Neutral citation: [2025] KEELRC 1298 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E464 of 2024
S Radido, J
May 8, 2025
Between
Jefferson Mugendi
Claimant
and
Gitxn Kenya Limited
Respondent
Judgment
1. Jefferson Mugendi (the Claimant) sued GTXN Kenya Ltd on 19 June 2024, alleging unfair termination of employment and breach of contract.
2. The Respondent filed a Response on 2 August 2024, prompting the Claimant to file a Reply to the Response on 13 August 2024.
3. The parties filed a List of Agreed Issues on 13 January 2025.
4. On 27 January 2025, the Court fixed the Cause for hearing on 18 March 2025. The Respondent's advocate was present.
5. When the Cause was called out for hearing on 18 March 2025, the Respondent and its advocate were absent. The Court directed the Claimant’s advocate to call the Respondent's advocate. She was not reachable.
6. The Court allowed the hearing to proceed, and the Claimant testified.
7. The Claimant filed his submissions on 9 April 2025.
8. However, on 15 April 2025, the parties filed a consent compromising the Cause, and the Court has no hesitation in adopting the consent.
Conclusion and Orders** 9. The Court adopts the consent filed by the parties and enters judgment as follows:i.That judgment be and is hereby entered for the Claimant against the Respondent for the sum of USD $ 11,240. ii.That the Respondent to pay to the Claimant the sum of USD $ 10,678 upon withholding 5% of USD $ 11,240. iii.That payment of the above sum be made within seven (7) days upon filing of this consent.iv.That each party to bear their own costs.v.That the matter be marked as settled and the file be closed upon payment as above.
DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 8TH DAY OF MAY 2025. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Claimant Musesya & Co. AdvocatesFor Respondent Akinyi Owuor & Co. AdvocatesCourt Assistant Wangu