[2014] KEELRC 191 (KLR)
The court found that the consent filed by the parties was fair, adequate, regular, and made in accordance with the law. In the absence of a response from the respondent and upon the claimant's application, the court adopted the consent as the award, thereby resolving the dispute on the agreed terms.
Source-derived case information.
- Citation
- [2014] KEELRC 191 (KLR)
- Parties
- Claimant: Peris Mjomba Kiora; Respondent: Chai Exports (Kenya) Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 39 of 2013
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Award entered in terms of the parties' 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
Peris Mjomba Kiora
Claimant
Chai Exports (Kenya) Limited
Respondent
Procedural Posture
Employment Cause / Consent Judgment
Legal Issues
- 1 Whether the termination of the claimant's 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 was fair, adequate, regular, and made in accordance with the law. In the absence of a response from the respondent and upon the claimant's application, the court adopted the consent as the award, thereby resolving the dispute on the agreed terms.
Court Disposition
Award entered in terms of the parties' consent.
Orders
- Award is entered in terms of the parties' consent filed in court on 22nd October, 2014.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT
AT MOMBASA
CAUSE NO. 39 OF 2013
BETWEEN
PERIS MJOMBA KIORA...........................................CLAIMANT
VERSUS
CHAI EXPORTS (KENYA) LIMITED.......................RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Mwakisha for Claimant
No appearance for Respondent
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ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 25th February 2013. The Respondent did not file its Statement of Response.
2. The dispute came up for mention on 23rd October 2014. Mr. Mwakisha informed the Court that they have filed a consent and prayed that it be adopted as the Award of the Court.
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) Award is entered in terms of the Parties' Consent filed in court on 22nd October, 2014.
Dated and delivered at Mombasa this 23rd day of October 2014.
James Rika
Judge