Mugendi v Gitxn Kenya Limited [2025] KEELRC 1298 (KLR)

Mugendi v Gitxn Kenya Limited (Cause E464 of 2024) [2025] KEELRC 1298 (KLR) (8 May 2025) (Judgment)

Neutral citation: [2025] KEELRC 1298 (KLR)

Republic of Kenya

In the Employment and Labour Relations Court at Nairobi

Cause E464 of 2024

S Radido, J

May 8, 2025

Between

Jefferson Mugendi

Claimant

and

Gitxn Kenya Limited

Respondent

Judgment

1. Jefferson Mugendi (the Claimant) sued GTXN Kenya Ltd on 19 June 2024, alleging unfair termination of employment and breach of contract.

2. The Respondent filed a Response on 2 August 2024, prompting the Claimant to file a Reply to the Response on 13 August 2024.

3. The parties filed a List of Agreed Issues on 13 January 2025.

4. On 27 January 2025, the Court fixed the Cause for hearing on 18 March 2025. The Respondent's advocate was present.

5. When the Cause was called out for hearing on 18 March 2025, the Respondent and its advocate were absent. The Court directed the Claimant’s advocate to call the Respondent's advocate. She was not reachable.

6. The Court allowed the hearing to proceed, and the Claimant testified.

7. The Claimant filed his submissions on 9 April 2025.

8. However, on 15 April 2025, the parties filed a consent compromising the Cause, and the Court has no hesitation in adopting the consent.

Conclusion and Orders** 9. The Court adopts the consent filed by the parties and enters judgment as follows:i.That judgment be and is hereby entered for the Claimant against the Respondent for the sum of USD $ 11,240. ii.That the Respondent to pay to the Claimant the sum of USD $ 10,678 upon withholding 5% of USD $ 11,240. iii.That payment of the above sum be made within seven (7) days upon filing of this consent.iv.That each party to bear their own costs.v.That the matter be marked as settled and the file be closed upon payment as above.

DELIVERED VIRTUALLY, DATED AND SIGNED IN NAIROBI ON THIS 8TH DAY OF MAY 2025. RADIDO STEPHEN, MCIARBJUDGEAppearancesFor Claimant Musesya & Co. AdvocatesFor Respondent Akinyi Owuor & Co. AdvocatesCourt Assistant Wangu