[2015] KEHC 2268 (KLR)
The court found that the parties had freely negotiated and agreed to settle the dispute regarding unfair and unlawful termination. The terms of the settlement, including payment of Kshs 1,300,000 to the claimant within 45 days, were deemed fair, adequate, and in accordance with the law. The court therefore entered...
Source-derived case information.
- Citation
- [2015] KEHC 2268 (KLR)
- Parties
- Claimant: Reuben Kibet Tarus; Respondent: Saul Mwangola; Respondent: Kutima Investments Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 205 of 2015
- Procedural Posture
- Employment Cause / Settlement Recorded
- Outcome
- Award entered in terms of the parties' settlement proposal.
- Legal Topics
- Unfair Termination, Unlawful Dismissal, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kibet Tarus
Claimant
Saul Mwangola
Respondent
Kutima Investments Limited
Respondent
Procedural Posture
Employment Cause / Settlement Recorded
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the parties have reached a lawful and fair settlement agreement.
Ratio Decidendi
The court found that the parties had freely negotiated and agreed to settle the dispute regarding unfair and unlawful termination. The terms of the settlement, including payment of Kshs 1,300,000 to the claimant within 45 days, were deemed fair, adequate, and in accordance with the law. The court therefore entered an award in the terms proposed by the parties, making the settlement binding and enforceable.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Judgment for the claimant against the respondent for Kshs 1,300,000 all inclusive.
- Payment to be made within 45 days.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 205 OF 2015
BETWEEN
REUBEN KIBET TARUS…………….................................................................... CLAIMANT
VERSUS
1. SAUL MWANGOLA
2. KUTIMA INVESTMENTS LIMITED............................................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Alwenya Advocate, instructed by Messrs M.L. Alwenya & Company Advocates for the Claimant
Mr. Odhiambo Advocate, instructed by Rachuonyo & Rachuonyo Advocates for the Respondent
______________________________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 13th April 2015.
2. The Respondents filed their Statement of Response on 20th May 2015.
3. The dispute came up for mention on 2nd October 2015. The Parties' Advocates informed the Court that the Parties have agreed out of Court, and asked the Court to record settlement, in the following terms:-
a) Judgment for the Claimant against the Respondent for Kshs 1,300,000 all inclusive.
b) Payment within 45 days.
c) In default Claimant be at liberty to execute.
4. 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' proposal above.
Dated and delivered at Mombasa this 2nd day of October 2015.
James Rika
Judge