[2015] KEELRC 1433 (KLR)
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claims for unfair and unlawful termination. The settlement terms included payment of notice pay, underpaid gratuity, salary arrears, and costs to the claimants. The court was satisfied that the agreement complied with...
Source-derived case information.
- Citation
- [2015] KEELRC 1433 (KLR)
- Parties
- Claimant: Paul Odera Okech; Claimant: Ali Suleiman Mwakulonda; Claimant: Hassan Mdudu; Respondent: Steel Makers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 257 of 2014
- Procedural Posture
- Employment Cause / Settlement Judgment
- Outcome
- judgment entered for claimants by consent
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Unlawful Dismissal, Notice Pay, Gratuity Entitlement, Salary Arrears, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Odera Okech
Claimant
Ali Suleiman Mwakulonda
Claimant
Hassan Mdudu
Claimant
Steel Makers Limited
Respondent
Procedural Posture
Employment Cause / Settlement Judgment
Legal Issues
- 1 Whether the termination of the claimants' employment was unfair and unlawful.
- 2 Whether the claimants are entitled to notice pay, gratuity, salary arrears, and costs as claimed.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the claims for unfair and unlawful termination. The settlement terms included payment of notice pay, underpaid gratuity, salary arrears, and costs to the claimants. The court was satisfied that the agreement complied with the law and entered judgment accordingly, thereby resolving the dispute without a contested hearing.
Court Disposition
judgment entered for claimants by consent
Orders
- Paul Odera Okech to be paid KES 49,866 within 30 days.
- Ali Suleiman Mwakulonda to be paid KES 50,415 within 30 days.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 257 OF 2014
BETWEEN
1. PAUL ODERA OKECH
2. ALI SULEIMAN MWAKULONDA
3. HASSAN MDUDU …................................................................................ CLAIMANTS
VERSUS
STEEL MAKERS LIMITED ........................................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Anaya holding brief for Mr. Asewe Advocate instructed by Otieno Asewe & Company Advocates for the Claimant
Mr. Alwenya advocate instructed by M.L. Alwenya & Company Advocates for the Respondent
___________________________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
The Claimant filed his Statement of Claim on 19th June 2014. The Respondent filed its Statement of Response on 6th October 2014.
On 13th February 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-
Judgment for the Claimants against the Respondent.
Paul Odera Oketch be paid balance of notice of Ksh.9,200, underpaid gratuity of Kshs.16,334; salary arrears of Kshs.24,332 – total Kshs.49,866.
Ali Suleiman Mwakulonda be paid balance of notice Kshs.9,749; underpaid gratuity Kshs.16,334; salary arrears of Kshs.24,332 – total Kshs.50,415. 50.
Hassan Mdudu be paid balance of notice pay at Kshs.12,880. 50; underpaid gratuity Kshs.19,990; salary arrears Kshs.33,077 – total Kshs.65,336. 50.
Costs of Kshs.25,000 to the Claimants.
Total decretal sum is Kshs.190,516, payable within 30 days of today's date.
The Court is satisfied the above proposed terms of settlement are fair, adequate, regular and made in accordance with the Law. IT IS ORDERED:-
(a) Award is entered on the terms above.
Dated and delivered at Mombasa this 13th day of February 2015.
James Rika
Judge