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ELRCOtherNot stated (related cause no. 1325/2012 before Nzioki wa Makau J.)· [2018] KEELRC 1008 (KLR)

James Oyugi Mangla v Kenya National Union of Teachers & another [2018] KEELRC 1008 (KLR)

Employment and Labour Relations Court

4 October 2018

MNMathews N. Nduma

187 words in judgment

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The bottom line

The Employment Court refused to mark an employment suit as partly settled, saying it lacked enough evidence, and ordered both sides to honour their earlier agreement.

What this practically means

Executive summary

This short interlocutory ruling of the Employment and Labour Relations Court arose when the matter came up before the court and an issue emerged as to whether the suit had been partly settled by an admission contained in the Respondent's letter dated 3rd October, 2017, and by a consent recorded before Nzioki wa Makau J. in ELRC Cause No. 1325 of 2012. The Claimant/Applicant invoked Rule 15(1) of the Employment and Labour Relations Court (Procedure) Rules 2016, seeking to have the matter marked as settled so that it would not be canvassed further, and asking that the unpaid balance be paid forthwith. The court, per Mathews N. Nduma J., held that it did not have sufficient information to make a determination on the alleged part-settlement. Rather than rule on the application, it directed the parties to comply with the terms of the consent order in Cause No. 1325/2012 as articulated in the Respondent's letter dated 31st October, 2017, and directed that any outstanding issues be canvassed and resolved in the present suit. No costs order was made. The effect is that the suit was not marked as settled; the Claimant's request was effectively deferred and the parties were left to comply with the earlier consent, with remaining disputes to proceed in the main suit.

Key legal issues

Whether the suit was partly settled by the Respondent's letter of 3rd October, 2017 and the consent in cause no. 1325/2012

Holding

The court declined to determine the question for lack of sufficient information and directed compliance with the consent order instead

Reasoning

The Claimant invoked Rule 15(1) of the ELRC (Procedure) Rules 2016 seeking to have the matter marked as settled and the unpaid balance paid forthwith, relying on the Respondent's letter of 3rd October, 2017 and the consent recorded before Nzioki wa Makau J. The court found the record insufficient to make a determination and instead directed compliance with the consent order and the Respondent's letter, leaving outstanding issues to the main suit.

p. 2

Legal principles established

A court requires sufficient information before determining whether a suit has been partly settled by admission or consent

Court orders

1.Parties directed to comply with the terms of the consent order before Nzioki wa Makau J. in cause no. 1325/2012
2.Parties directed to comply with the terms as articulated in the Respondent's letter dated 31st October, 2017
3.Any outstanding issues to be canvassed and resolved in the present suit

Authorities

Legislation

Employment and Labour Relations Court (Procedure) Rules 2016Rule 15(1)

Jurisdiction invoked: Rule 15(1) of the Employment and Labour Relations Court (Procedure) Rules 2016 invoked by the Claimant

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "James Oyugi Mangla v Kenya National Union of Teachers & another [2018] KEELRC 1008 (KLR)", Case Analysis (2018). Not stated (related cause no. 1325/2012 before Nzioki wa Makau J.). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1008/eng@2018-10-04

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