[2015] KEELRC 23 (KLR)
The court found that the parties had reached a mutually acceptable settlement regarding the claim for unfair and unlawful termination. Upon review, the court was satisfied that the settlement terms were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the...
Source-derived case information.
- Citation
- [2015] KEELRC 23 (KLR)
- Parties
- Claimant: Wafula Wekesa; Respondent: Aga Khan Education Service, Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 401 of 2015
- Procedural Posture
- Employment Cause / Settlement and Award
- 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
Wafula Wekesa
Claimant
Aga Khan Education Service, Kenya
Respondent
Procedural Posture
Employment Cause / Settlement and Award
Legal Issues
- 1 Whether the termination of the claimant's employment was unfair and unlawful.
- 2 Whether the settlement terms proposed by the parties are fair, adequate, and in accordance with the law.
Ratio Decidendi
The court found that the parties had reached a mutually acceptable settlement regarding the claim for unfair and unlawful termination. Upon review, the court was satisfied that the settlement terms were fair, adequate, regular, and in accordance with the law. Consequently, the court entered an award in terms of the parties' proposal, thereby resolving the dispute without the need for a full hearing on the merits.
Court Disposition
Award entered in terms of the parties' settlement proposal.
Orders
- Judgment for the claimant for Kshs. 528,558.69 all inclusive, payable within 7 days.
- In default of payment, claimant is at liberty to execute.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT & LABOUR RELATIONS COURT
AT MOMBASA
CAUSE NO. 401 OF 2015
BETWEEN
WAFULA WEKESA………………..………………………................. CLAIMANT
VERSUS
AGA KHAN EDUCATION SERVICE, KENYA................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mrs. Mohamed holding brief for Mrs. Ngige Advocate instructed by Mwangi Njenga & Company Advocates for the Claimant
Mr. Asige Advocate instructed by Anjarwalla & Khanna 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 17th June 2015.
2. The Respondent filed its Statement of Response on 8th July, 2015.
3. On 18th December, 2015 the Parties informed the Court they have settled the dispute on the following terms:-
a) Judgment for the Claimant for Kshs. 528,558. 69 all inclusive, payable within 7 days.
b) In default, Claimant is 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:-
Award is entered in terms of the Parties’ proposal above.
Dated and delivered at Mombasa this 18th day of December, 2015.
James Rika
Judge