Francis Omondi Odalo v Invesco Assurance Company Limited [2014] KEELRC 47 (KLR)

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NO. 10 of 2014

BETWEEN

FRANCIS OMONDI ODALO …............................................................................... CLAIMANT

VERSUS

INVESCO ASSURANCE COMPANY LIMITED ................................................. RESPONDENT

Rika J.

Court Assistant:  Benjamin Kombe

Mr. Otieno Advocate instructed by Omondi Waweru Advocates  for the Claimant

Mr. Mbago Advocate, instructed by Murimi, Ndumia, Mbago & Muchela Advocates for the Respondent

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ISSUES IN DISPUTE:   UNFAIR AND UNLAWFUL TERMINATION

AWARD

1.  The Claimant filed his Statement of Claim on 24th January 2014.  The Respondent filed its Statement of Response on  14th May 2014.

2.  On 9th December 2014 Mr. Otieno Advocate for the Claimant, and Mr. Mbago Advocate for the Respondent, informed the Court that Parties have reached Settlement, in the following terms:

1)  Judgment entered for the Claimant against the Respondent for the sum of Kshs.2 million.

2)   Kshs.670,000 be paid within 14 days with effect from 7th November 2014.  Payment is confirmed.

3)   Kshs.665,000 be paid on or before 15th December 2014

4)   Kshs.665,000 be paid on or before 15th January 2015.

5)  In default of payment of any one instalment, the Claimant be at  liberty to execute for the whole sum due.

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

1)   Settlement is hereby recorded in the terms proposed above by the Parties.

2)  The matter is marked as settled and file closed.

Dated and delivered at Mombasa this 9th day of December 2014.

James Rika

Judge