Bishar Hussein Noor v Kaderdina Hajee Essak Ltd [2015] KEELRC 875 (KLR)
The bottom line
#A Kenyan employment dispute ended with the worker receiving Kshs. 90,000 after the court formally approved the parties' negotiated settlement as binding judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should adopt the out-of-court settlement terms proposed by the parties
The court adopted the settlement and entered an award in terms of the parties' proposal, being satisfied the terms were fair, adequate and lawful.
The dispute over unfair and unlawful termination was settled by the parties on agreed terms: payment of Kshs. 90,000 as a lump sum and each party bearing its own costs. The court reviewed the proposed terms and, exercising its supervisory role under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, confirmed they were fair, adequate, regular and made in accordance with the law, and therefore entered an award accordingly.
Legal principles established
#- A court may adopt a settlement reached between parties and enter judgment in terms of the settlement where the terms are fair, adequate, regular and lawful.
Court orders
#- 1.Award is entered in terms of the Parties' proposal above
- 2.Respondent to pay the Claimant a lump sum of Kshs. 90,000/= upon the signing of the consent
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Industrial Court (Procedure) Rules 2010, Rule 27(1)(a)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bishar Hussein Noor v Kaderdina Hajee Essak Ltd [2015] KEELRC 875 (KLR)", Case Analysis (2015). Cause No. 328 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/875/eng@2015-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.