Kenya Engineering Workers’ Union v Stainless Steel Products Ltd (Cause 12 of 2001) [2001] KEIC 10 (KLR)
The bottom line
#Kenya's Industrial Court turned a union-employer settlement into a binding award, but a worker left out of the settlement got nothing.
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 memorandum of settlement dated 27th July 2001 in respect of the grievant, Mr. Peter Mwangi, is fair and reasonable and should be adopted as a consent award
- 2.What disposition should be made of the grievant's and Mrs. Lucy Njoki Josia's entitlements arising from the dispute
Key legal issues
#Adoption of the out-of-court settlement as a consent award
The court adopted the memorandum of settlement signed by the parties and the grievant and entered an award by consent in its terms
The dispute, notified under the Trade Disputes Act, went to certificate stage. The respondent never filed a reply statement as directed. On the hearing date the parties filed a signed memorandum of settlement for the grievant, Peter Mwangi, providing terminal benefits of Kshs. 13,960.90 in full and final settlement. They prayed for a consent award. The court assessed the terms, found them fair and reasonable, and awarded accordingly. The claim concerning Mrs. Lucy Njoki Josia, not covered by the settlement, was treated as withdrawn or not pressed.
Legal principles established
#- The Industrial Court will enter an award by consent in terms of a memorandum of settlement where the terms are fair and reasonable
Court orders
#- 1.An award by consent entered in terms of the memorandum of settlement: payment to Mr. Peter Mwangi of terminal benefits totalling Kshs. 13,960.90 (one month's salary in lieu of notice Kshs. 2,329.30; 11 days worked Kshs. 1,239.30; gratuity 4 years at 16 days per completed year Kshs. 5,733.70; two months' salary as compensation Kshs. 4,658.60) in full and final settlement of the dispute
- 2.Mrs. Lucy Njoki Josia's case treated as withdrawn, dropped or not pressed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 14(9)(e) and (f) of the Trade Disputes Act, Cap. 234, Laws of Kenya
Relief refused
#Any entitlement for Mrs. Lucy Njoki Josia
The parties' settlement was silent on her entitlements, so her case was treated as withdrawn or dropped or not pressed
Costs
No costs order made in the award
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.
In my opinion, the terms of the settlement are fair and reasonable, and I award accordingly.
The parties prayed that an award by consent be entered in terms of the settlement, which is reproduced below
The parties are silent on the entitlements, if any, of Mrs. Lucy Njoki Josia; and in the circumstances, her case is treated as withdrawn or dropped or not pressed.
DATED AND GIVEN AT NAIROBI THIS 6THDAY OF SEPTEMBER 2001.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers’ Union v Stainless Steel Products Ltd (Cause 12 of 2001) [2001] KEIC 10 (KLR)", Case Analysis (2001). Cause 12 of 2001. Source: https://new.kenyalaw.org/akn/ke/judgment/keic/2001/10/eng@2001-09-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.