[2015] KEELRC 1077 (KLR)
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the dispute over alleged unfair and unlawful termination. The court, being satisfied with the terms of the consent, adopted the settlement as its judgment, thereby granting the claimant the agreed sum. The essential legal...
Source-derived case information.
- Citation
- [2015] KEELRC 1077 (KLR)
- Parties
- Claimant: Stelamaris Wayua Mitau; Respondent: Isaac Malila t/a Heyland Properties
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 466 of 2014
- Procedural Posture
- Employment Cause / Consent Judgment
- Outcome
- Claim allowed by consent; judgment entered for the claimant as per settlement.
- Legal Topics
- Unfair Termination, Unlawful Termination, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stelamaris Wayua Mitau
Claimant
Isaac Malila t/a Heyland Properties
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 claimant is entitled to compensation as agreed in the settlement.
Ratio Decidendi
The court found that the parties had reached a fair, adequate, and lawful settlement regarding the dispute over alleged unfair and unlawful termination. The court, being satisfied with the terms of the consent, adopted the settlement as its judgment, thereby granting the claimant the agreed sum. The essential legal principle is that a consent judgment, once entered into freely and without coercion, is binding and enforceable, provided it does not contravene the law or public policy. The court's role is to ensure that such settlements are regular and just before making them orders of the court.
Court Disposition
Claim allowed by consent; judgment entered for the claimant as per settlement.
Orders
- Judgment for the claimant in the sum of Kshs 90,000 all inclusive.
- Payment to be made within 30 days.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 466 OF 2014
BETWEEN
STELAMARIS WAYUA MITAU .................................................................. CLAIMANT
VERSUS
ISAAC MALILA t/a HEYLAND PROPERTIES .................................... RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Mutisya Advocate, instructed by Mutisya Bosire & Company Advocates for the Claimant
Mr. Owino Advocate, instructed by Angelo Owino & Company Advocates for the Respondent
___________________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed her Statement of Claim on 2nd October 2014. The Respondent filed its Statement of Response on 4th November 2014.
2. On 12th May 2015 the Advocates for the respective Parties informed the Court they have reached settlement on the following terms:-
(a) Judgment for the Claimant in the sum of Kshs 90,000 all inclusive
(b) Payment within 30 days.
(c) In default execution to issue.
3. 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 granted in term of Parties' consent above.
Dated and delivered at Mombasa this 12th day of May 2015. .
James Rika
Judge