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ELRCOtherCause No. 500 of 2014· [2015] KEELRC 442 (KLR)
Gomeri Kombo v Leisure Lodge Resort [2015] KEELRC 442 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan employment court approved a Kshs. 137,000 settlement in an unfair termination case, showing negotiated deals can end disputes without trial.
What this practically means
#Executive summary
#The claimant, Gomeri Kombo, filed a Statement of Claim on 1st October 2014 against Leisure Lodge Resort, the respondent, raising an issue in dispute of unfair and unlawful termination of employment. The respondent filed its Statement of Response on 18th November 2014, contesting the claim. The matter was listed before Rika J in the Industrial Court at Mombasa. On 13th October 2015, the parties informed the court that they had settled the dispute, the terms being that the claimant had been paid Kshs. 137,000/- all inclusive, as per a letter dated 8th September 2015. The court, acting under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, considered the proposed settlement and expressed satisfaction that the terms were fair, adequate, regular and made in accordance with the law. The court accordingly entered an award in terms of the parties' proposal, thereby disposing of the dispute by consent without a full trial on the merits. No separate findings were made on the fairness of the termination itself, no costs order was made, and no authority was cited. The judgment is a short consent award recording a negotiated settlement of an employment termination dispute.
Key legal issues
#01
Adoption of negotiated settlement
Holding
The court adopted the parties' settlement and entered an award in its terms.
Reasoning
The parties reported a settlement under which the claimant had been paid Kshs. 137,000/- all inclusive per a letter dated 8.9.2015. 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 entered an award accordingly.
p. 1
Legal principles established
#- A court may enter an award in terms of a settlement where the proposed terms are fair, adequate, regular and made in accordance with the Law.
Court orders
#- 1.Award is entered in terms of the Parties' proposal above
- 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, "Gomeri Kombo v Leisure Lodge Resort [2015] KEELRC 442 (KLR)", Case Analysis (2015). Cause No. 500 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/442/eng@2015-10-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.