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ELRCOtherCause No. 328 of 2014· [2015] KEELRC 875 (KLR)

Bishar Hussein Noor v Kaderdina Hajee Essak Ltd [2015] KEELRC 875 (KLR)

Industrial Court of Kenya
2 June 2015
206 words in judgment
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The bottom line

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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

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Executive summary

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The claimant, Bishar Hussein Noor, filed a statement of claim on 21st July 2014 against the respondent, Kaderdina Hajee Essak Ltd, alleging unfair and unlawful termination of employment. The respondent filed its statement of response on 15th September 2014. The claimant's case was heard and closed on 28th November 2014. Before judgment, on 2nd May 2015, the parties informed the court that they had settled the dispute on agreed terms: the respondent to pay the claimant a lump sum of Kshs. 90,000 upon the signing of the consent, and each party to bear their own costs. Rika J, dealing with the matter under Rule 27(1)(a) 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 accordingly entered an award in terms of the parties' proposal. The award, dated and delivered at Mombasa on 2nd June 2015, converted the negotiated settlement into an order of the court, with each party bearing its own costs. No authority was cited and no separate opinion was rendered; the matter was resolved by consent rather than by contested adjudication.

Key legal issues

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Whether the court should adopt the out-of-court settlement terms proposed by the parties

Holding

The court adopted the settlement and entered an award in terms of the parties' proposal, being satisfied the terms were fair, adequate and lawful.

Reasoning

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.

p. 1

Legal principles established

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  • 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

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  1. 1.Award is entered in terms of the Parties' proposal above
  2. 2.Respondent to pay the Claimant a lump sum of Kshs. 90,000/= upon the signing of the consent
  3. 3.Each party to bear their own costs

Authorities

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Legislation

  • Industrial Court (Procedure) Rules 2010Rule 27(1)(a)
Jurisdiction invoked
Industrial Court (Procedure) Rules 2010, Rule 27(1)(a)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.