KENYA ENGINEERING WORKERS’ UNION v BHAMRA MOTORS LTD [2002] KEELRC 8 (KLR)
The bottom line
#Kenya's Industrial Court confirmed that employers and unions can settle disputes privately and have the settlement become a binding court award if it's fair.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a memorandum of settlement as an award by consent
The Court adopted the settlement and awarded Kshs.5,000/= to the grievant in full and final settlement of his terminal dues.
The dispute was referred by the Minister for Labour under Section 8 of the Trade Disputes Act. Before hearing, the parties filed a duly signed memorandum of settlement dated 29th August 2002, executed by the Company's Managing Director and the Union's Industrial Relations Officer, praying for an award by consent of Kshs.5,000/= in favour of the grievant. The Court, being satisfied that the terms were fair and reasonable, entered an award in those terms.
Legal principles established
#- Where parties to a referred trade dispute settle by consent, the Industrial Court may adopt the settlement and award in terms thereof if satisfied the terms are fair and reasonable.
Court orders
#- 1.Award entered by consent for Kshs.5,000/= (vide cheque No. 171979) in favour of the grievant in full and final settlement of his terminal dues, in terms of the memorandum of settlement
- Jurisdiction invoked
- Section 8 of the Trade Disputes Act, Cap. 234, Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KENYA ENGINEERING WORKERS’ UNION v BHAMRA MOTORS LTD [2002] KEELRC 8 (KLR)", Case Analysis (2002). Cause No. 46 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2002/8/eng@2002-09-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.