Barasa v Giza Systems Integration Kenya Limited t/a Giza Systems Smart Solutions (Cause 97 of 2019) [2023] KEELRC 231 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Deed of Release, Discharge and Indemnity absolved the respondent from further liability
The Deed was signed voluntarily by the claimant with full knowledge of its import, and it discharged the respondent from all claims connected with the employment; the claimant was estopped from suing for further reliefs
The claimant admitted under cross-examination that he signed the Deed and received payment, but only first raised the plea that he was forced to sign during cross-examination. He never pleaded duress in his pleadings, filed no reply to the respondent's assertions, and pleaded no particulars of duress. As a Project Manager he was well aware of the document. The court applied Court of Appeal authority that a settlement agreement is a binding contract to which effect must be given.
Whether the claimant's termination was unfair and unlawful
The court declined to determine this issue because the binding Deed of Release rendered the inquiry unnecessary
Having found the Deed of Release binding and effective to discharge the respondent from all claims connected with the employment, the court held that examining the fairness of the termination would be illogical. The release preceded any consideration of the termination's fairness.
Whether the claimant was entitled to the reliefs sought
The claimant was not entitled to any relief; the suit was dismissed in its entirety with each party bearing its own costs
Because the Deed of Release constituted a complete contract freely executed, and in the absence of any vitiating element such as duress, misrepresentation or fraud, the claimant was estopped from bringing a suit seeking further reliefs connected to his employment.
Legal principles established
#- A settlement agreement or deed of release constitutes a binding contract between the parties, which the court must give effect to, and an employee who signs it without vitiating elements is estopped from instituting further claims arising from the employment
- An employee alleging duress or inducement to sign a document in a non-custodial environment must provide particulars of such duress; it is not enough to say 'I was forced'
Court orders
#- 1.The suit is dismissed in its entirety
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Jurisdiction of the Employment and Labour Relations Court over employment disputes (no specific provision invoked in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Barasa v Giza Systems Integration Kenya Limited t/a Giza Systems Smart Solutions (Cause 97 of 2019) [2023] KEELRC 231 (KLR)", Case Analysis (2023). Cause No 97 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/231/eng@2023-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.