Mugendi v Gitxn Kenya Limited (Cause E464 of 2024) [2025] KEELRC 1298 (KLR)
The bottom line
#A Kenyan court turned the parties' own settlement agreement into a binding judgment, awarding a former employee USD 10,678 after a 5% withholding.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Claimant's employment was unfairly terminated
- 2.Whether the Respondent breached the contract of employment
- 3.Whether the parties' consent compromising the Cause should be adopted as a judgment of the Court
Key legal issues
#Adoption of a party consent as a judgment
The court adopted the consent filed by the parties on 15 April 2025 and entered judgment in its terms, marking the matter settled
The Cause was listed for hearing on 18 March 2025, at which only the Claimant and his advocate appeared; the Respondent and its advocate were absent despite the court directing the Claimant's advocate to contact the Respondent's advocate, who was unreachable. The hearing proceeded and the Claimant testified. Before judgment could be delivered, the parties filed a consent on 15 April 2025 compromising the entire Cause. The court had no hesitation in adopting the consent and entering judgment accordingly, with payment due within seven days, each party bearing own costs, and the file to be closed upon payment.
Legal principles established
#- A consent compromising a cause may be adopted by the court and judgment entered in its terms
Court orders
#- 1.Judgment entered for the Claimant against the Respondent for the sum of USD $11,240
- 2.The Respondent to pay the Claimant USD $10,678 upon withholding 5% of USD $11,240
- 3.Payment of the above sum to be made within seven (7) days upon filing of the consent
- 4.Each party to bear their own costs
- 5.The matter to be marked as settled and the file closed upon payment as above
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a claim of unfair termination of employment and breach of contract
Relief refused
#Full amount of USD $11,240 payable to the Claimant without deduction
The consent provided for withholding of 5% of the award, so only USD $10,678 was payable
Costs of the suit
The parties agreed in the consent that each party would bear their own costs
Costs
Each party to bear their own costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Court adopts the consent filed by the parties and enters judgment as follows
That judgment be and is hereby entered for the Claimant against the Respondent for the sum of USD $ 11,240.
That the Respondent to pay to the Claimant the sum of USD $ 10,678 upon withholding 5% of USD $ 11,240.
That each party to bear their own costs.
That the matter be marked as settled and the file be closed upon payment as above.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mugendi v Gitxn Kenya Limited (Cause E464 of 2024) [2025] KEELRC 1298 (KLR)", Case Analysis (2025). Not stated in judgment (Cause filed 19 June 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1298/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.