Francis M Mbugua v Portnet Engineering Services T/A Gee & Pikii Limited [2015] KEELRC 1351 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NO. 413 OF 2013

BETWEEN

FRANCIS M. MBUGUA .............................................................................. CLAIMANT

VERSUS

PORTNET ENGINEERING SERVICES T/A GEE & PIKII LIMITED…RESPONDENT

Rika J.

Court Assistant:  Benjamin Kombe

Mr. Magia holding brief for Mr. Mwarandu instructed by J.K. Mwarandu & Company Advocates for the Claimant

Mr. Wachira advocate instructed by Muraya & Wachira Advocates for the Respondent

___________________________________________________________________________

ISSUES IN DISPUTE:  UNFAIR AND UNLAWFUL TERMINATION

AWARD

1. The Claimant filed his Statement of Claim on  26th November 2013.   The Respondent filed its Statement of Response on 15th January 2014.

2. On 3rd March 2015, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-

a)  Judgment is entered for the Claimant for Kshs.255,500 – all inclusive.

b)  Payment be made in 6 equal monthly instalments of Ksh.42,583 effective 30. 4.2015 and and on 30th day of each succeeding month till payment in full.

c) In default, Claimant be at liberty to execute.

3. The Court is satisfied the proposed terms of settlement are fair, adequate, regular and made in accordance with the Law.  IT IS ORDERED:-

(a)        Award is entered in terms of the Parties' proposal above.

Dated and delivered at Mombasa this 3rd day of March 2015.

James Rika

Judge