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ELRCOtherCause No. 35 of 2014· [2014] KEELRC 45 (KLR)

Dennis Okara Magio v Oshwal Academy & another [2014] KEELRC 45 (KLR)

Industrial Court of Kenya
15 December 2014
JRJames Rika
199 words in judgment
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The bottom line

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A Kenyan employment dispute over unfair termination ended in a court-approved settlement of Kshs. 807,182, showing most cases resolve by agreement, not trial.

What this practically means

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Executive summary

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The Claimant, Dennis Okara Magio, sued Oshwal Academy and Oshwal Education & Relief Board at the Industrial Court at Mombasa in Cause No. 35 of 2014, alleging unfair and unlawful termination of employment. He filed his Statement of Claim on 17th February 2014 and the Respondents replied on 22nd April 2014. The matter did not proceed to a full hearing on the merits. On 15th December 2014, counsel for both parties informed the court that they had reached an out-of-court settlement on the following terms: that the Respondents would pay the Claimant Kshs. 807,182 all inclusive; that payment would be made within 21 days; and that in default of payment the Claimant would be at liberty to execute. The court, presided over by Rika J, considered the proposed terms and expressed satisfaction that they were fair, adequate, regular and made in accordance with the law. The court thereupon entered an award in the terms proposed by the parties, marked the file as settled and closed, and delivered its decision at Mombasa on 15th December 2014. The judgment takes the form of a consent award; no findings were made on the fairness of the termination itself, no authority was cited, and no separate costs order was made, the settlement figure being expressed as all inclusive.

Key legal issues

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01

Adoption of a consent settlement in an employment dispute

Holding

The court adopted the parties' settlement of Kshs. 807,182 all inclusive and ordered the file closed.

Reasoning

The parties' advocates informed the court on 15th December 2014 that they had reached a settlement: payment of Kshs. 807,182 all inclusive within 21 days, with liberty to execute in default. The court, exercising its discretion, was satisfied the terms were fair, adequate, regular and lawful, and entered the award in those terms rather than adjudicating the unfair termination claim on its merits.

p. 1

Legal principles established

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  • A court may adopt and enter an award on terms of settlement reached by parties where it is satisfied the terms are fair, adequate, regular and made in accordance with the law.

Court orders

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  1. 1.Award is entered in terms proposed by the Parties above (Respondents to pay the Claimant Kshs.807,182 all inclusive, payment within 21 days, and in default the Claimant be at liberty to execute)
  2. 2.File marked as settled and closed
Jurisdiction invoked
Industrial Court jurisdiction over employment disputes (issue in dispute: unfair and unlawful termination)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Dennis Okara Magio v Oshwal Academy & another [2014] KEELRC 45 (KLR)", Case Analysis (2014). Cause No. 35 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/45/eng@2014-12-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.