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ELRCOtherCause No. 401 of 2015· [2015] KEELRC 23 (KLR)

Wafula Wekesa v Aga Khan Education Service, Kenya [2015] KEELRC 23 (KLR)

Employment & Labour Relations Court
18 December 2015
JRJames Rika
195 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court turned a private settlement into a binding judgment, entitling the worker to Kshs. 528,558.69 within seven days.

What this practically means

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Executive summary

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This was an Employment and Labour Relations Court cause at Mombasa in which Wafula Wekesa (Claimant) sued Aga Khan Education Service, Kenya (Respondent) over unfair and unlawful termination. The Claimant filed his Statement of Claim on 17th June 2015 and the Respondent filed its Statement of Response on 8th July 2015. The matter did not proceed to a full hearing on the merits: on 18th December 2015 the parties informed the Court (Rika J) that they had settled the dispute on agreed terms, namely judgment for the Claimant for Kshs. 528,558.69 all inclusive, payable within 7 days, and in default, liberty for the Claimant to execute. Applying Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, the Court expressed satisfaction that the proposed terms of settlement were fair, adequate, regular and made in accordance with the Law, and ordered that an award be entered in terms of the parties' proposal. The award was dated and delivered at Mombasa on 18th December 2015. No costs order was separately made, the settlement figure having been all inclusive; no authorities were cited and no separate opinions were issued.

Key legal issues

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01

Adoption of a consent settlement as an award

Holding

The court adopted the parties' settlement terms, entering judgment for the Claimant of Kshs. 528,558.69 all inclusive, payable within 7 days, with liberty to execute in default.

Reasoning

The dispute over unfair and unlawful termination was settled between the parties on 18th December 2015. Under Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010, the court examined the proposed terms and was satisfied they were fair, adequate, regular and made in accordance with the Law, and accordingly entered an award in terms of the proposal.

p. 2

Legal principles established

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  • A court may adopt parties' proposed settlement terms as an award where they are fair, adequate, regular and lawful

Court orders

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  1. 1.Award entered in terms of the Parties' proposal: judgment for the Claimant for Kshs. 528,558.69 all inclusive, payable within 7 days
  2. 2.In default of payment, the Claimant is at liberty to execute
Jurisdiction invoked
Rule 27(1)(a) of the Industrial Court (Procedure) Rules 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Wafula Wekesa v Aga Khan Education Service, Kenya [2015] KEELRC 23 (KLR)", Case Analysis (2015). Cause No. 401 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/23/eng@2015-12-18

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