Alfred Oginga Igonyi & 66 others v Ogembo Tea Factory Ltd [2022] KEELRC 1135 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Binding effect of an accepted settlement offer
The Respondent's offer of Kshs 18,672,257/-, accepted by the Claimants, was adopted as part of the judgment
The Respondent had forwarded its computations totaling Kshs 18,672,257/- and requested settlement negotiations. The Claimants accepted the offer in writing on 30 March 2020 and filed an affidavit of acceptance on 20 April 2021. The Respondent, despite repeated opportunities to file its own computations and negotiate, failed to comply and showed conduct indicative of delay. The Court found the offer and acceptance sufficient to enter judgment on the accepted figure.
Interest on the awarded sum
Interest at court rates was awarded from 30 March 2020, the date the offer was accepted
Having adopted the accepted offer as part of the judgment, the Court fixed the accrual of interest at the date of acceptance, treating that date as the point at which the sum became due to the Claimants.
Respondent's conduct and delay
The Court censured the Respondent's dilatory conduct throughout the post-judgment mentions
The Respondent repeatedly failed to file its computations, claimed negotiations had collapsed, and filed an appeal, all after adverse orders had been made against it. The Court noted this conduct in justifying adoption of the accepted offer.
Legal principles established
#- Where a party makes an offer which the other party accepts, the accepted offer may be adopted as part of the judgment, particularly where the offeror has not been keen to have the matter resolved
- Interest on an accepted offer adopted as judgment runs from the date of acceptance of the offer
Court orders
#- 1.The Respondent's computations (totaling Kshs 18,672,257/-) accepted by the Claimants are adopted as part of the judgment
- 2.Judgment entered for the Claimants in the sum of Kshs 18,672,257/-
- 3.The sum to attract interest at court rates from 30 March 2020, being the date the Claimants accepted the offer
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over the Cause (following its judgment of 9 July 2019); no constitutional/statutory article expressly cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alfred Oginga Igonyi & 66 others v Ogembo Tea Factory Ltd [2022] KEELRC 1135 (KLR)", Case Analysis (2022). Cause No. 286 of 2016 (Originally Kisii High Court Civil Case No. 17 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1135/eng@2022-02-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.