Wycliffe Aluvala Wangula v Ken-Knit (Kenya) Limited [2017] KEELRC 1975 (KLR)

Employment and Labour Relations Court

29 September 2017

RSRadido Stephen

195 words in judgment

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The bottom line

Kenya's Employment Court adopted an out-of-court settlement as its judgment, converting a negotiated deal into an enforceable court order.

What this practically means

Executive summary

This Employment and Labour Relations Court cause at Eldoret, presided over by Radido Stephen, Judge, was listed for hearing on 27 September 2017. When the cause was called out, the Respondent's advocate applied for leave to file a Response out of time and for an opportunity to attempt an out-of-court settlement. It transpired, however, that a Response had in fact been filed on 18 June 2014, rendering the application unnecessary. The Court nonetheless allowed the parties time to negotiate. After about an hour, the parties informed the Court that they had reached a full settlement on four terms: payment to the Claimant of one month's pay in lieu of notice (Kshs 12,284/-); six months' compensation for unfair termination of employment (Kshs 73,704/-); verification by the Respondent from its records whether the Claimant had been paid service benefits of Kshs 21,364/-, which were verified as already paid; and the Claimant's costs assessed at Kshs 85,000/-. The Court adopted the consent as its judgment. The judgment was delivered, dated and signed in Eldoret on 29 September 2017. The Claimant was represented by Mr. Chepkwony of Chepkwony & Co. Advocates and the Respondent by Mr. Ouma, Legal Officer, Federation of Kenya Employers. The matter was concluded by consent rather than by contested adjudication on the merits.

Key legal issues

Adoption of a consent settlement as judgment of the Court

Holding

The Court adopted the parties' negotiated settlement as its judgment, awarding notice pay, 6 months' compensation for unfair termination, confirming service pay had been verified as paid, and awarding assessed costs of Kshs 85,000/-.

Reasoning

On the hearing date the Respondent sought leave to file a Response out of time and to attempt settlement, but a Response was already on record filed 18 June 2014. The Court allowed the parties an hour to negotiate; they reported full settlement on specified monetary terms, which the Court adopted as its judgment of the Cause.

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Legal principles established

Court orders

1.The Claimant be paid 1 month pay in lieu of notice (Kshs 12,284/-)
2.The Claimant be paid 6 months compensation for unfair termination of employment (Kshs 73,704/-)
3.The Respondent verify from its records whether the Claimant had been paid service benefits (Kshs 21,364/- verified as paid already)
4.Claimant's costs assessed as Kshs 85,000/-
5.The consent adopted as judgment of the Court

Jurisdiction invoked: Employment and Labour Relations Court jurisdiction over employment cause; no specific provision cited

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Wycliffe Aluvala Wangula v Ken-Knit (Kenya) Limited [2017] KEELRC 1975 (KLR)", Case Analysis (2017). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2017/1975/eng@2017-09-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.