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ELRCOtherCause No. 573 of 2014· [2015] KEELRC 392 (KLR)
Ndawa Omar Kinyonzo v Milly Glass Works Limited [2015] KEELRC 392 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan employment court turned a worker's Kshs 159,308 out-of-court settlement into an enforceable judgment, so the employer must pay within 30 days.
What this practically means
#Executive summary
#This was a termination dispute filed by Ndawa Omar Kinyonzo against Milly Glass Works Limited at the Industrial Court at Mombasa as Cause No. 573 of 2014. The Claimant filed his Statement of Claim on 17th November 2014 and the Respondent filed its Statement of Response on 5th March 2015. The issue in dispute was identified as unfair and unlawful termination. The matter did not proceed to a full hearing: on 19th October 2015 the parties informed the Court that they had settled the dispute on recorded terms, namely judgment for the Claimant for Kshs. 159,308 all inclusive, payment within 30 days, and in default of payment, execution to issue. Acting under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, Rika J expressed satisfaction that the proposed terms of settlement were fair, adequate, regular and made in accordance with the law, and adopted them as an award of the Court. The judgment is therefore a consent award disposing of the claim on the parties' own terms rather than an adjudication on the merits of the termination. No costs order was made separately, the award being all inclusive. The order was dated and delivered at Mombasa on 19th October 2015.
Key legal issues
#01
Whether to adopt the parties' settlement as judgment
Holding
The Court adopted the settlement terms and entered award accordingly
Reasoning
The parties recorded a settlement on 19th October 2015 providing for judgment of Kshs. 159,308 all inclusive, payment within 30 days, and execution in default. The Court, exercising its power under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, was satisfied the terms were fair, adequate, regular and lawful, and adopted them as an order of the Court.
p. 1
Legal principles established
#- A court may adopt fair, adequate and lawful settlement terms between parties and enter judgment by consent
Court orders
#- 1.Award entered in terms of the Parties' proposal: judgment for the Claimant for Kshs. 159,308 all inclusive, payable within 30 days, and in default execution to issue
- Jurisdiction invoked
- Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndawa Omar Kinyonzo v Milly Glass Works Limited [2015] KEELRC 392 (KLR)", Case Analysis (2015). Cause No. 573 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/392/eng@2015-10-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.