[2014] KEELRC 192 (KLR)
The court found that the consent filed by the parties on 20th August 2014 constituted a fair, adequate, and lawful settlement of the dispute regarding unfair and unlawful termination. In the absence of any objection or response from the respondent, and upon the claimant's application, the court adopted the consent...
Source-derived case information.
- Citation
- [2014] KEELRC 192 (KLR)
- Parties
- Claimant: Winah Warui Kungu; Respondent: Tony Olaka
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 267 of 2014
- Procedural Posture
- Employment Cause / Award
- Outcome
- Claim settled by consent; matter marked as settled.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Settlement by Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winah Warui Kungu
Claimant
Tony Olaka
Respondent
Procedural Posture
Employment Cause / Award
Legal Issues
- 1 Whether the termination of the claimant was unfair and unlawful.
- 2 Whether the consent filed by the parties should be adopted as the award of the court.
Ratio Decidendi
The court found that the consent filed by the parties on 20th August 2014 constituted a fair, adequate, and lawful settlement of the dispute regarding unfair and unlawful termination. In the absence of any objection or response from the respondent, and upon the claimant's application, the court adopted the consent as its award, thereby resolving the matter in accordance with the agreed terms.
Court Disposition
Claim settled by consent; matter marked as settled.
Orders
- The matter is marked as settled in terms of the consent filed by the parties on 20th August 2014.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NO. 267 OF 2014
BETWEEN
WINAH WARUI KUNGU ...................................................... CLAIMANT
VERSUS
TONY OLAKA ................................................................ RESPONDENT
Rika J.
Court Assistant: Benjamin Kombe
Mr. Gekonde holding brief for Mr. Muchiri for the Claimant
No appearance for Respondent
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ISSUES IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION
AWARD
1. The Claimant filed his Statement of Claim on 16th June 2014. The Respondent did not file its Statement of Response.
2. On 22nd October 2014, Mr. Gekonde holding brief for Mr. Muchiri for the Claimant, asked the Court to adopt the Consent filed by the Parties on 20th August 2014, as the Award of the Court.
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)The matter is marked as settled in terms of the Consent filed by the Parties on 20th August 2014.
Dated and delivered at Mombasa this 22nd day of October 2014.
James Rika
Judge