[2023] KECA 1204 (KLR)
The court allowed the application dated July 20, 2023 on the basis that both parties, through their respective advocates, had reached a compromise as evidenced by the consent letter dated August 18, 2023. The court found no reason to withhold approval of the consent, as it was properly executed and did not...
Source-derived case information.
- Citation
- [2023] KECA 1204 (KLR)
- Parties
- Appellant: Johnson Henry Randu; Respondent: Nairobi City Water & Sewerage Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E515 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Interlocutory Application
- Outcome
- Application allowed by consent; terms of consent letter adopted as order of the court; costs to abide the appeal.
- Judges
- S ole Kantai
- Legal Topics
- Compromise of Application, Consent Orders, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Henry Randu
Appellant
Nairobi City Water & Sewerage Company Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant's application dated July 20, 2023 should be compromised on the terms agreed by the parties.
- 2 Whether the court should adopt the consent letter as an order of the court.
Ratio Decidendi
The court allowed the application dated July 20, 2023 on the basis that both parties, through their respective advocates, had reached a compromise as evidenced by the consent letter dated August 18, 2023. The court found no reason to withhold approval of the consent, as it was properly executed and did not contravene any law or public policy. The terms of the consent were thus adopted as the order of the court, with costs of the application to abide the outcome of the appeal.
Court Disposition
Application allowed by consent; terms of consent letter adopted as order of the court; costs to abide the appeal.
Orders
- Costs of the application will abide the appeal.
Full Case Text
Judgment text and source record
17 paragraphs
Randu v Nairobi City Water & Sewerage Company Limited (Civil Appeal (Application) E515 of 2022) [2023] KECA 1204 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KECA 1204 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E515 of 2022
S ole Kantai, JA
October 6, 2023
Between
Johnson Henry Randu
Appellant
and
Nairobi City Water & Sewerage Company Limited
Respondent
(Being an appeal from the Judgment and Decree of the Employment & Labour Relations Court of Kenya at Nairobi (N.W. Makau, J.) 9th June, 2022 in ELRC Cause No. 118 of 2018)
Ruling
1. I have seen a letter dated August 18, 2023 signed by M/S Obura Mbeche & Company Advocates for the applicant and M/S Limo & Njoroge Advocates for the respondent where the parties have agreed on compromising the applicant’s application dated July 20, 2023. In the event I allow the application on terms and conditions set out in the said consent letter dated August 18, 2023. Costs of the application will abide the appeal.
DATED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER, 2023. S. OLE KANTAI......................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR