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ELRCOtherAppeal Number 22 of 2015· [2015] KEELRC 399 (KLR)
Kenya Power and Lighting Company v Samuel Kimani Chege [2015] KEELRC 399 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya Power and its ex-employee settled their dismissal appeal out of court, and the Employment Court in Mombasa recorded that settlement as a binding judgment.
What this practically means
#Executive summary
#This Employment and Labour Relations Court at Mombasa matter, filed as Appeal Number 22 of 2015 by Kenya Power and Lighting Company against Samuel Kimani Chege, concerned an alleged unfair and unlawful termination. Rather than proceeding to a full hearing of the appeal, the matter came up for mention on 14 October 2015, where the parties' advocates informed the court that the parties had agreed out of court and requested that a settlement be recorded. The terms were that, by consent, the entire appeal would be marked as withdrawn. Rika J, applying Rule 27(1)(b) of the Industrial Court (Procedure) Rules 2010, expressed satisfaction that the proposed terms of settlement were fair, adequate, regular and made in accordance with the law. The court thereupon ordered that judgment be entered in terms of the parties' proposal. No determination was made on the merits of the underlying termination dispute; the judgment is purely a consent recording of withdrawal. The judgment does not disclose the decision appealed from, and no costs order was made. Mr. Tole, instructed by Ndegwa Muthama Katisya & Associates Advocates, appeared for the claimant, while Gikandi & Company Advocates for the respondent was absent. The court assistant was Benjamin Kombe. The disposition was dated and delivered at Mombasa on 14 October 2015.
Key legal issues
#01
Recording of consent settlement
Holding
The court recorded the parties' consent withdrawal of the appeal and entered judgment in terms of the settlement
Reasoning
On mention, the parties' advocates informed the court they had agreed out of court and asked for the settlement to be recorded. The court assessed the proposed terms and, being satisfied of their fairness, adequacy, regularity and legality, entered judgment accordingly.
p. 1
Legal principles established
#- A court may record and enter judgment on consent terms of settlement where it is satisfied they are fair, adequate, regular and made in accordance with the law
Court orders
#- 1.By consent, the entire Appeal is marked as withdrawn
- 2.Judgment is entered in terms of the Parties' proposal above
- On appeal from
- null
- null
- Jurisdiction invoked
- Rule 27(1)(b) of the Industrial Court (Procedure) Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Power and Lighting Company v Samuel Kimani Chege [2015] KEELRC 399 (KLR)", Case Analysis (2015). Appeal Number 22 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/399/eng@2015-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.