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. 271 of 2014· [2014] KEELRC 216 (KLR)

Mahmoud Mbarak Said & 2 others v Doctors Worldwide-Kenya [2014] KEELRC 216 (KLR)

Industrial Court of Kenya
6 October 2014
JRJames Rika
211 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

#

Three Kenyan employees settled their unfair termination claim for Kshs.168,961, with the Employment Court approving and enforcing their out-of-court agreement.

What this practically means

#

Executive summary

#
This Industrial Court at Mombasa award, delivered by Rika J on 6th October 2014, resolved Cause No. 271 of 2014 between Mahmoud Mbarak Said and 2 Others (Claimants) and Doctors Worldwide-Kenya (Respondent) over unfair and unlawful termination. The Claimants filed their Statement of Claim on 17th June 2014 and the Respondent entered appearance on 1st July 2014. Before trial, on 29th August 2014, the parties filed a consent proposing settlement: the first, second and third Claimants were to receive Kshs.40,160, Kshs.65,401 and Kshs.53,400 respectively; throwaway advocate's costs were agreed at Kshs.10,000; a total of Kshs.168,961 was to be paid in full within 45 days of filing the consent, after which the suit would be marked as settled. The court was satisfied that the proposal was adequate, regular and made in accordance with the law, and ordered that the claim be marked as settled with an award entered in terms of the parties' consent. No issues of law or fact were determined on the merits, no authorities were cited, and there was no decision below under review. The award disposed of the dispute entirely by consent, with payment terms as agreed.

Key legal issues

#
01

Adoption of the Parties' Consent as an award

Holding

The Court adopted the consent and marked the claim settled, entering an award in the terms agreed.

Reasoning

The parties filed a consent proposing settlement under which each claimant was to receive specified sums, with agreed throwaway advocate's costs and payment within 45 days of filing. The court examined the proposal and was satisfied it was adequate, regular and lawful, and accordingly adopted it as its order.

p. 2

Legal principles established

#
  • A court may adopt a consent settlement and enter award where the proposal is adequate, regular and made in accordance with the law

Court orders

#
  1. 1.This Claim is marked as settled, and Award entered in terms of the Parties' Consent shown above
  2. 2.Each Claimant to receive the settlement sums set out in the Consent (Kshs.40,160; Kshs.65,401; Kshs.53,400)
  3. 3.Throwaway Advocate's costs as agreed in the sum of Kshs.10,000
  4. 4.A total payment of Kshs.168,961 be made to the Claimants, payable in full within 45 days of filing the Consent
Jurisdiction invoked
Industrial Court jurisdiction over the unfair and unlawful termination dispute in Cause No. 271 of 2014

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mahmoud Mbarak Said & 2 others v Doctors Worldwide-Kenya [2014] KEELRC 216 (KLR)", Case Analysis (2014). Cause No. 271 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/216/eng@2014-10-06

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