[2015] KEELRC 468 (KLR)
The court determined that the parties had freely and lawfully agreed to settle the dispute out of court, with the claimant withdrawing his claim and no order as to costs. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law, and therefore entered an award in terms...
Source-derived case information.
- Citation
- [2015] KEELRC 468 (KLR)
- Parties
- Claimant: Sammy Kumbu Stanley; Respondent: Hamza Ahmed Esmail t/a Crystal Maji Boreholes
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 34 of 2015
- Procedural Posture
- Employment Cause / Settlement Before Hearing
- Outcome
- Claim withdrawn by consent of the parties; no order as to costs.
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement of Employment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sammy Kumbu Stanley
Claimant
Hamza Ahmed Esmail t/a Crystal Maji Boreholes
Respondent
Procedural Posture
Employment Cause / Settlement Before Hearing
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 out-of-court settlement.
Ratio Decidendi
The court determined that the parties had freely and lawfully agreed to settle the dispute out of court, with the claimant withdrawing his claim and no order as to costs. The court was satisfied that the settlement was fair, adequate, regular, and in accordance with the law, and therefore entered an award in terms of the parties' proposal.
Court Disposition
Claim withdrawn by consent of the parties; no order as to costs.
Orders
- Claim is marked as withdrawn.
- No order on the costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NUMBER 34 OF 2015
BETWEEN
SAMMY KUMBU STANLEY……………………………………….…........CLAIMANT
VERSUS
HAMZA AHMED ESMAIL T/A CRYSTAL MAJI BOREHOLES…......RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Ms. Mwainzi Advocate holding brief for Mr. Oddiaga Advocate, instructed by Stephen Oddiaga & Company Advocates for the Claimant
Mr. Asewe Advocate holding brief for E.W. Munyari Advocate, instructed by E.W. Munyari & Company Advocates for the Respondent.
______________________________________________________________________________
ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
[Rule 27[1][a] of the Industrial Court [Procedure Rules 2010]
1. The Claimant filed his Statement of Claim on 29th January 2015.
2. The Respondent filed its Statement of Response on 2nd April 2015.
3. The dispute came up for mention on 1/9/2015. 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) Claim is marked as withdrawn.
b) No order on the costs.
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 1st day of September, 2015
James Rika
Judge