Cyprian Nyachae Monani v Metric Inn Company Limited [2015] KEELRC 910 (KLR)
The bottom line
#A Kenyan employment court can turn an out-of-court settlement into an enforceable judgment, but only after checking it is fair and lawful.
What this practically means
#Executive summary
#Key legal issues
#Recording of settlement terms as an award
The court recorded the parties' out-of-court settlement and entered judgment for the Claimant in the agreed terms of Kshs 32,100 plus costs of Kshs 25,000, payable within 45 days, having satisfied itself that the settlement was fair, adequate, regular and lawful
The parties' advocates informed the court at mention that they had agreed out of court and asked the court to record the settlement. The respondent had not filed a Statement of Response. The court scrutinised the proposed terms, found them fair, adequate, regular and made in accordance with the law, and adopted them by order as the award of the court.
Legal principles established
#- A court may record and enter judgment in terms of an out-of-court settlement where it is satisfied the 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, namely: (a) Judgment entered for the Claimant for Kshs 32,100; (b) Costs of Kshs 25,000; (c) Payment within 45 days
- Jurisdiction invoked
- Industrial Court jurisdiction over the unfair and unlawful termination dispute (Employment and Labour Relations Court, Cause No. 22 of 2015)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cyprian Nyachae Monani v Metric Inn Company Limited [2015] KEELRC 910 (KLR)", Case Analysis (2015). Cause No. 22 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/910/eng@2015-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.