Job Mukhebi Mutoro v Kitale Vocational Training Centre [2021] KEELRC 438 (KLR)
The bottom line
#A Kenyan employer owing a former employee negotiated to pay a reduced Kshs 800,000 in instalments, and the court made that deal enforceable.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a consent as an order of the Court
The Court adopted the parties' consent of 3 June 2021 as an order of the Court, giving effect to the agreed stay, reduction of the decretal sum to Kshs 800,000/- and the instalment payment schedule.
After directions for filing of a response and submissions, the parties instead filed a consent dated 3 June 2021 setting out the stay conditions, the reduced decretal sum, the instalment schedule, the consequence of full payment, and the consequence of default. The Court did not need to determine the pending Motion on its merits because the parties had resolved the dispute over execution by agreement; it simply adopted the consent as an order of the Court.
Legal principles established
#- A consent recorded by parties in litigation may be adopted by the Court as an order of the Court, binding the parties to its terms including stay of execution, review of the decretal sum and payment by instalments.
Court orders
#- 1.Stay of execution against the Respondent by consent, on the conditions set out in the consent
- 2.Judgment entered for the Claimant reviewed and reduced to Kshs 800,000/- all inclusive, by consent
- 3.The Kshs 800,000/- to be liquidated in instalments of Kshs 250,000/- (on or before 30 June 2021) and six further instalments (Kshs 100,000/- each through to 31 January 2023, and a final Kshs 50,000/- on or before 30 May 2023)
- 4.Upon full payment of Kshs 800,000/- in the agreed instalments, the matter to be marked as fully settled with no further claim in terms of interest by the Claimant
- 5.In default of payment of any one instalment, the Claimant at liberty to execute for the entire remaining balance plus interest
- 6.The consent of the parties adopted as an order of the Court
- Jurisdiction invoked
- Employment and Labour Relations Court, Cause No. 289 of 2016 (inherent powers to adopt consent orders and manage execution of its decree)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Job Mukhebi Mutoro v Kitale Vocational Training Centre [2021] KEELRC 438 (KLR)", Case Analysis (2021). Cause No. 289 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/438/eng@2021-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.