[2015] KEELRC 1337 (KLR)
The court found that the parties had reached a consent on the dispute of unfair and unlawful termination. Upon review, the court was satisfied that the terms of the consent were fair, adequate, regular, and lawful. Consequently, the court adopted the consent as its award, thereby resolving the dispute in accordance...
Source-derived case information.
- Citation
- [2015] KEELRC 1337 (KLR)
- Parties
- Applicant: Stephen Henry Urinda; Respondent: Kenya Ports Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 7 of 2013
- Procedural Posture
- Miscellaneous Civil Application / Award on Consent
- Outcome
- Award entered in terms of the consent filed by the parties.
- 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
Stephen Henry Urinda
Applicant
Kenya Ports Authority
Respondent
Procedural Posture
Miscellaneous Civil Application / Award on Consent
Legal Issues
- 1 Whether the termination of the applicant's employment was unfair and unlawful.
- 2 Whether the consent reached by the parties should be adopted as the court's award.
Ratio Decidendi
The court found that the parties had reached a consent on the dispute of unfair and unlawful termination. Upon review, the court was satisfied that the terms of the consent were fair, adequate, regular, and lawful. Consequently, the court adopted the consent as its award, thereby resolving the dispute in accordance with the agreed terms between the applicant and the respondent.
Court Disposition
Award entered in terms of the consent filed by the parties.
Orders
- Award entered in terms of the Consent filed by the Parties on 3rd March 2015.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT
AT MOMBASA
MISCELLANEOUS CIVIL APPLICATION NO. 7 OF 2013
BETWEEN
STEPHEN HENRY URINDA.........................................APPLICANT
VERSUS
KENYA PORTS AUTHORITY...................................RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Applicant in person
Mrs. Ikegu Advocate instructed by Muthoni Gatere Advocate for the Respondent
___________________________________________________________________________
ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Ex-parte Originating Summons on 18th September 2013. The Respondent filed its Grounds of Opposition on 6th February 2014.
2. The dispute came up for mention on 5th March 2015. Mrs. Ikegu informed the Court that they have reached consent and prayed that it be adopted.
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 entered in terms of the Consent filed by the Parties on 3rd March 2015.
Dated and delivered at Mombasa this 5th day of March 2015.
James Rika
Judge