Johnstone otieno omia v Oshwal Academy & Oshwal Education & Relief Board [2014] KEELRC 44 (KLR) | Unfair Termination | Esheria

Johnstone otieno omia v Oshwal Academy & Oshwal Education & Relief Board [2014] KEELRC 44 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE INDUSTRIAL COURT AT MOMBASA

CAUSE NO. 34 OF 2014

BETWEEN

JOHNSTONE OTIENO OMIA ........................................................................ CLAIMANT

VERSUS

1.  OSHWAL ACADEMY

2.  OSHWAL EDUCATION & RELIEF BOARD ......................................... RESPONDENTS

Rika J.

Court Assistant:  Benjamin Kombe

Ms. Mutuku Advocate instructed by Lamenya Katee & Company Advocates for the Claimant

Mr. Kitur holding brief for Oyatta instructed by Mucheru-Oyatta & Associates Advocates for the 1st & 2nd Respondents

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ISSUES IN DISPUTE:  UNFAIR AND UNLAWFUL TERMINATION

AWARD

1.    The Claimant filed his Statement of Claim on 17th February 2014.  The Respondents filed their Statement of Response on 22nd April 2014.

2.    On 15th December 2014, the Advocates for the respective Parties informed the Court they have reached settlement in the following terms:-

(a)        Respondents to pay the Claimant Kshs.730,762 all inclusive.

(b)        Payment be done within 21 days.

(c)        Claimant to execute in default thereof.

3.    The Court is satisfied the above proposed terms of settlement are fair,  adequate, regular and made in accordance with the Law.

IT IS  ORDERED:-

(a)        Award is entered as prayed.

(b)        File marked as closed.

Dated and delivered at Mombasa this  15th day of December 2014.

James Rika

Judge