Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherCause No. 10 of 2014· [2014] KEELRC 47 (KLR)

Francis Omondi Odalo v Invesco Assurance Company Limited [2014] KEELRC 47 (KLR)

Industrial Court at Mombasa
9 December 2014
JRJames Rika
252 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
This was an employment dispute in which Francis Omondi Odalo, the Claimant, sued Invesco Assurance Company Limited, the Respondent, over unfair and unlawful termination of employment. The Statement of Claim was filed on 24th January 2014 and the Statement of Response on 14th May 2014. The matter did not proceed to a full trial on the merits: on 9th December 2014, counsel for both parties informed the Court (Rika J) that the parties had reached a settlement. The terms comprised judgment for the Claimant against the Respondent for Kshs.2 million, payable in instalments - Kshs.670,000 within 14 days of 7th November 2014 (payment already confirmed), Kshs.665,000 on or before 15th December 2014, and a further Kshs.665,000 on or before 15th January 2015 - with a default clause entitling the Claimant to execute for the whole outstanding sum if any instalment went unpaid. The Court expressed satisfaction that the proposed terms were fair, adequate, regular and made in accordance with the law, and ordered that the settlement be recorded, that the matter be marked as settled and the file closed. The Award was dated and delivered at Mombasa on 9th December 2014. No costs order was made and no authorities were cited.

Key legal issues

#
01

Adoption of a consent settlement in an unfair termination claim

Holding

The Court adopted the parties' settlement, entering judgment for Kshs.2 million payable in instalments, with liberty to execute for the whole sum on default.

Reasoning

The parties announced a full settlement on 9th December 2014, setting out judgment for Kshs.2 million payable in three tranches with a default clause. The Court was satisfied the terms were fair, adequate, regular and lawful, and accordingly recorded the settlement, marked the matter settled and closed the file.

p. 2

Legal principles established

#

    Court orders

    #
    1. 1.Settlement recorded in the terms proposed by the Parties
    2. 2.Judgment entered for the Claimant against the Respondent for Kshs.2 million
    3. 3.Kshs.670,000 paid within 14 days from 7th November 2014 (payment confirmed)
    4. 4.Kshs.665,000 to be paid on or before 15th December 2014
    5. 5.Kshs.665,000 to be paid on or before 15th January 2015
    6. 6.In default of payment of any one instalment, the Claimant at liberty to execute for the whole sum due
    7. 7.Matter marked as settled and file closed

    Key timeline

    #

    Practical implications

    #

    Frequently asked questions

    #

    Cite this brief

    #

    Cite this brief

    Caselaw, "Francis Omondi Odalo v Invesco Assurance Company Limited [2014] KEELRC 47 (KLR)", Case Analysis (2014). Cause No. 10 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/47/eng@2014-12-09

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