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ELRCAllowedCause No. 39 of 2013· [2014] KEELRC 191 (KLR)

Peris Mjomba Kiora v Chai Exports (Kenya) Limited [2014] KEELRC 191 (KLR)

Industrial Court of Kenya
23 October 2014
JRJames Rika
154 words in judgment
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The bottom line

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An Mombasa employment court approved a settlement between a worker and her employer, turning their agreement into an enforceable court award.

What this practically means

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Executive summary

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This was a first-instance employment dispute before the Industrial Court at Mombasa, listed as Cause No. 39 of 2013. The claimant, Peris Mjomba Kiora, filed a Statement of Claim on 25th February 2013 seeking redress for unfair and unlawful termination. The respondent, Chai Exports (Kenya) Limited, did not file a Statement of Response, and did not appear at the mention. Rather than proceeding to a full trial, the matter came up for mention on 23rd October 2014, when Mr. Mwakisha, counsel for the claimant, informed the Court that the parties had filed a consent recording a settlement and prayed that it be adopted as the Award of the Court. The Court scrutinised the proposed terms of settlement and expressed satisfaction that they were fair, adequate, regular and made in accordance with the law. Rika J accordingly ordered that an award be entered in terms of the parties' consent filed in court on 22nd October 2014. The award was dated and delivered at Mombasa on 23rd October 2014. The judgment contains no separate determination of the substantive termination claim on the merits, no findings on contested evidence, and makes no order as to costs. No authorities or statutes were cited, and the disposition rests entirely on the consensual terms adopted by the Court.

Key legal issues

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Adoption of parties' consent as an award

Holding

The Court adopted the consent filed on 22nd October 2014 as its award, being satisfied the terms were fair, adequate, regular and lawful.

Reasoning

The claimant filed a Statement of Claim on 25th February 2013 alleging unfair and unlawful termination. The respondent did not file a Statement of Response. At mention on 23rd October 2014, counsel for the claimant informed the Court that a consent on settlement had been filed and prayed it be adopted as the Court's award. The Court, exercising its supervisory role over settlements, examined the terms and concluded they satisfied the legal thresholds before adopting them as an award.

p. 2

Legal principles established

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  • A consent filed by parties in a labour dispute may be adopted as the Award of the Court where the Court is satisfied it is fair, adequate, regular and lawful

Court orders

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  1. 1.Award entered in terms of the Parties' Consent filed in court on 22nd October 2014
Jurisdiction invoked
Industrial Court jurisdiction over disputes arising from employment and labour relations (dispute framed as unfair and unlawful termination)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Peris Mjomba Kiora v Chai Exports (Kenya) Limited [2014] KEELRC 191 (KLR)", Case Analysis (2014). Cause No. 39 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/191/eng@2014-10-23

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