Sammy Kumbu Stanley v Hamza Ahmed Esmail t/a Crystal Maji Boreholes [2015] KEELRC 468 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT & LABOUR RELATIONS COURT

AT MOMBASA

CAUSE NUMBER 34 OF 2015

BETWEEN

SAMMY KUMBU STANLEY……………………………………….…........CLAIMANT

VERSUS

HAMZA AHMED ESMAIL T/A CRYSTAL MAJI BOREHOLES…......RESPONDENT

Rika J

Court Assistant: Benjamin Kombe

Ms. Mwainzi Advocate holding brief for Mr. Oddiaga Advocate, instructed by Stephen Oddiaga & Company Advocates for the Claimant

Mr. Asewe Advocate holding brief for E.W. Munyari Advocate, instructed by  E.W. Munyari & Company Advocates  for the Respondent.

______________________________________________________________________________

ISSUE IN DISPUTE: UNFAIR AND UNLAWFUL TERMINATION

AWARD

[Rule 27[1][a] of the Industrial Court [Procedure Rules 2010]

1. The Claimant filed his Statement of Claim on 29th January 2015.

2. The Respondent filed its Statement of Response on 2nd April 2015.

3. The dispute came up for mention on 1/9/2015. The Parties' Advocates informed the Court that the Parties have agreed out of Court, and asked the Court to record settlement, in the following terms:-

a) Claim is marked as withdrawn.

b) No order on the costs.

4. 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 1st day of September, 2015

James Rika

Judge